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Framing the Legalization of Marriage for Same-Sex Couples: An Examination of News Coverage Surrounding the U.S. Supreme Court's Landmark Decision
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- 1 Reed College of Media, West Virginia University , Morgantown, West Virginia, USA.
- PMID: 31241421
- DOI: 10.1080/00918369.2019.1627128
In June 2015, the U.S. Supreme Court made a landmark decision to legalize marriage for same-sex couples amid nationwide debate and media coverage of this controversial issue. Using a content analysis of newspaper articles and television transcripts (N = 286) from top news outlets, this study examines the frames used in news coverage of same-sex marriage before and after the decision and tone of coverage by frame and medium. Findings suggest that frames and tone differed by medium, with television generally presenting more negative coverage and print more positive coverage. Results also suggest that some coverage frames were more negative than others and that the dominant frames of coverage differed from pre- to post-decision. This study helps improve our understanding of how the public was informed before and after a historic decision and illuminates the differences between frame and tone of coverage by medium, and by medium over time.
Keywords: Obergefell v. Hodges; LGBTQ in media and issues; Same-sex marriage; content analysis; framing; gay marriage; news coverage.
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Effects of Access to Legal Same-Sex Marriage on Marriage and Health: Evidence from BRFSS
We exploit variation in access to legal same-sex marriage (SSM) across states and time to provide novel evidence of its effects on marriage and health using data from the CDC BRFSS from 2000-2016, a period spanning the entire rollout of legal SSM across the United States. Our main approach is to relate changes in outcomes for individuals in same-sex households (SSH) [i.e., households with exactly two same-sex adults], which we show includes a substantial share of gay and lesbian couples, coincident with adoption of legal SSM in two-way fixed effects models. We find robust evidence that access to legal SSM significantly increased marriage take-up among men and women in SSH. We also find that legal SSM was associated with significant increases in health insurance, access to care, and utilization for men in SSH. Our results provide the first evidence that legal access to SSM improved health for adult gay men.
Carpenter is Professor of Economics at Vanderbilt University, Research Associate at the National Bureau of Economic Research, and Research Fellow at IZA Institute for the Study of Labor. Eppink is a PhD candidate at Vanderbilt University. Gonzales is Assistant Professor of Health Policy at the Vanderbilt University School of Medicine. McKay is Assistant Professor of Medicine, Health, and Society at Vanderbilt University. We thank Ron Stall for sharing data on LGBT policies. For helpful comments, we thank: David Adler, Cevat Aksoy, Ralph De Haas, Marcus Dillender, Jae Downing, Kerry Anne McGeary and Justin Trogdon; participants at the 2018 American Society of Health Economics conference, the 2018 Workshop on Institutions, Individual Behavior, and Economic Outcomes, and the 2018 Population Association of America conference; and seminar participants at AHRQ, Hunter College, RAND, UIUC, U. Louisville, UNC-Charlotte, and Vanderbilt. Support for this research was provided by the Robert Wood Johnson Foundation. The views expressed here do not necessarily reflect the views of the Foundation or the National Bureau of Economic Research. All interpretations, errors, and omissions are our own.
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Research Article
Perceived psychosocial impacts of legalized same-sex marriage: A scoping review of sexual minority adults’ experiences
Roles Conceptualization, Formal analysis, Funding acquisition, Investigation, Methodology, Writing – original draft, Writing – review & editing
* E-mail: [email protected]
Affiliation College of Health and Human Sciences, San José State University, San José, California, United States of America
Roles Data curation, Formal analysis, Methodology, Validation, Writing – original draft, Writing – review & editing
Affiliation School of Social Welfare, University of California, Berkeley, California, United States of America
Roles Conceptualization, Formal analysis, Methodology, Writing – original draft, Writing – review & editing
Affiliation School of Nursing, Columbia University, New York, New York, United States of America
Roles Formal analysis, Writing – original draft, Writing – review & editing
Affiliation Department of Political Science and Gender and Women’s Studies, University of Kentucky, Lexington, Kentucky, United States of America
Affiliation Educational, Counseling and School Psychology, University of Kentucky, Lexington, Kentucky, United States of America
Affiliation Center for Human Sexuality Studies, Widener University, Chester, Pennsylvania, United States of America
Affiliation Department of Psychology, Palo Alto University, Palo Alto, California, United States of America
Roles Conceptualization, Writing – original draft, Writing – review & editing
Affiliation School of Nursing & Department of Psychiatry, Columbia University Irving Medical Center, New York, New York, United States of America
- Laurie A. Drabble,
- Angie R. Wootton,
- Cindy B. Veldhuis,
- Ellen D. B. Riggle,
- Sharon S. Rostosky,
- Pamela J. Lannutti,
- Kimberly F. Balsam,
- Tonda L. Hughes
- Published: May 6, 2021
- https://doi.org/10.1371/journal.pone.0249125
- Reader Comments
A growing body of literature provides important insights into the meaning and impact of the right to marry a same-sex partner among sexual minority people. We conducted a scoping review to 1) identify and describe the psychosocial impacts of equal marriage rights among sexual minority adults, and 2) explore sexual minority women (SMW) perceptions of equal marriage rights and whether psychosocial impacts differ by sex. Using Arksey and O’Malley’s framework we reviewed peer-reviewed English-language publications from 2000 through 2019. We searched six databases (PubMed, PsycINFO, CINAHL, Web of Science, JSTOR, and Sociological Abstracts) to identify English language, peer-reviewed journal articles reporting findings from empirical studies with an explicit focus on the experiences and perceived impact of equal marriage rights among sexual minority adults. We found 59 studies that met our inclusion criteria. Studies identified positive psychosocial impacts of same-sex marriage (e.g., increased social acceptance, reduced stigma) across individual, interpersonal (dyad, family), community (sexual minority), and broader societal levels. Studies also found that, despite equal marriage rights, sexual minority stigma persists across these levels. Only a few studies examined differences by sex, and findings were mixed. Research to date has several limitations; for example, it disproportionately represents samples from the U.S. and White populations, and rarely examines differences by sexual or gender identity or other demographic characteristics. There is a need for additional research on the impact of equal marriage rights and same-sex marriage on the health and well-being of diverse sexual minorities across the globe.
Citation: Drabble LA, Wootton AR, Veldhuis CB, Riggle EDB, Rostosky SS, Lannutti PJ, et al. (2021) Perceived psychosocial impacts of legalized same-sex marriage: A scoping review of sexual minority adults’ experiences. PLoS ONE 16(5): e0249125. https://doi.org/10.1371/journal.pone.0249125
Editor: Peter A. Newman, University of Toronto, CANADA
Received: September 9, 2020; Accepted: March 11, 2021; Published: May 6, 2021
Copyright: © 2021 Drabble et al. This is an open access article distributed under the terms of the Creative Commons Attribution License , which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Data Availability: All relevant data are within the manuscript and its Supporting Information files.
Funding: Dr. Drabble and Dr. Trocki are supported by the National Institute on Minority Health and Health Disparities of the National Institutes of Health under Award Number R03MD011481 ( https://www.nimhd.nih.gov/ ). Dr. Veldhuis’ participation in this research was made possible through an NIH/NIAAA Ruth Kirschstein Postdoctoral Research Fellowship (F32AA025816; PI C. Veldhuis). Dr. Hughes is funded by the National Institute on Alcohol Abuse and Alcoholism (R01 AA0013328, https://www.niaaa.nih.gov/ ). The content is solely the responsibility of the authors. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.
Competing interests: The authors have declared that no competing interests exist.
Introduction
Legalization of same-sex marriage represents one important step toward advancing equal rights for sexual and gender minorities. Over the past two decades same-sex marriage has become legally recognized in multiple countries around the world. Between 2003 and mid-2015, same-sex couples in the United States (U.S.) gained the right to marry in 37 of 50 states. This right was extended to all 50 states in June 2015, when the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples in all U.S. states had equal marriage rights. As of October 2019, same-sex couples had the right to marry in 30 countries and territories around the world [ 1 ].
National laws or policies that extend equal marriage rights to same-sex couples signal a reduction in structural stigma and have the potential to positively impact the health and well-being of sexual minorities. Structural stigma refers to norms and policies on societal, institutional and cultural levels that negatively impact the opportunities, access, and well-being of a particular group [ 2 ]. Forms of structural stigma that affect sexual minorities—such as restrictions on same-sex marriage—reflect and reinforce the social stigma against non-heterosexual people that occurs at individual, interpersonal, and community levels [ 3 ]. According to Hatzenbuehler and colleagues, structural stigma is an under-recognized contributor to health disparities among stigmatized populations [ 4 – 6 ], and reductions in structural stigma can improve health outcomes among sexual minorities [ 7 , 8 ].
Marriage is a fundamental institution across societies and access to the right to marry can reduce sexual-minority stigma by integrating sexual minority people more fully into society [ 9 ]. Same-sex marriage also provides access to a wide range of tangible benefits and social opportunities associated with marriage [ 9 , 10 ]. Despite the benefits of marriage rights, sexual minorities continue to experience stigma-related stressors, such as rejection from family or community, and discrimination in employment and other life spheres [ 11 ]. In addition, reactions to same-sex marriage appear to differ among sexual minorities and range from positive to ambivalent [ 11 – 13 ]. Extending marriage rights to same-sex couples remedies only one form of structural stigma. Although legalization of same-sex marriage represents a positive shift in the social and political landscape, the negative impact of social stigma may persist over time. For example, a recent Dutch study found that despite 20 years of equal marriage rights, sexual minority adolescents continue to show higher rates of substance use and lower levels of well-being than their heterosexual peers [ 14 ]. This study underscores the importance of understanding the complex impact of stigma at the structural, community, interpersonal, and individual levels.
Impact on sexual minority health
A growing body of literature, using different methods from diverse countries where same-sex marriage has been debated or adopted, provides important insights into the impact of equal marriage rights on the health and well-being of sexual minority individuals. Research to date has consistently found that legal recognition of same-sex marriage has a positive impact on health outcomes among sexual and gender minority populations [ 15 – 20 ]. Studies in the U.S. have found evidence of reduced psychological distress and improved self-reported health among sexual minorities living in states with equal marriage rights compared to those living in states without such rights [ 5 , 21 – 23 ]. One state-specific study also found improved health outcomes for sexual minority men after legalization of same-sex marriage [ 24 ]. Furthermore, sexual minorities living in states that adopted, or were voting on, legislation restricting marriage recognition to different-sex couples reported higher rates of alcohol use disorders and psychological distress compared to those living in states without such restrictions [ 5 , 25 – 31 ]. Consistent with research in the U.S., findings from research in Australia on marriage restriction voting, found that sexual minorities living in jurisdictions where a majority of residents voted in support of same-sex marriage reported better overall health, mental health, and life satisfaction than sexual minorities in locales that did not support same-sex marriage rights [ 32 ].
Although existing literature reviews have documented positive impacts of equal marriage rights on physical and mental health outcomes among sexual minority individuals [ 15 – 20 ], to our knowledge no reviews have conducted a nuanced exploration of the individual, interpersonal, and community impacts of legalized same-sex marriage. An emerging body of quantitative and qualitative literature affords a timely opportunity to examine a wide range of psychosocial impacts of equal marriage rights. Understanding these impacts is important to guide and interpret future research about the potential protective health effects of same-sex marriage.
Potential differences between SMW and SMM
Given the dearth of research focusing on the health and well-being of sexual minority women (SMW), especially compared to the sizable body of research on sexual minority men (SMM) [ 33 , 34 ], there is a need to explore whether the emerging literature on same-sex marriage provides insights about potential differences in psychosocial impacts between SMW and SMM. Recent research underscores the importance of considering SMW’s perspectives and experiences related to same-sex marriage. For example, gendered social norms play out differently for women and men in same-sex and different-sex marriages, and interpersonal dynamics and behaviors, including those related to coping with stress, are influenced by gender socialization [ 35 ]. However, there is little research about how societal-level gender norms and gendered social constructions of marriage may be reflected in SMW’s perceptions of same-sex marriage. Structural sexism (e.g., gendered power and resource inequality at societal and institutional levels) differentially impacts women’s and men’s health [ 36 ], and may also contribute to sex differences in experiences and impacts of same-sex marriage. For example, research from the U.S. suggests that same-sex marriage rights may improve health outcomes and access to healthcare for SMM, but evidence is less robust for SMW [ 37 – 39 ]. Differences in health outcomes appear to be at least partially explained by lower socioeconomic status (income, employment status, perceived financial strain) among SMW compared to SMM [ 40 ]. Further, other psychosocial factors may contribute to differential experiences of legalized same-sex marriage. For example, a study of older sexual minority adults in states with equal marriage rights found that married SMW experienced more LGBTQ (lesbian, gay, bisexual, transgender, queer) microaggressions than single SMW, but no differences by relationship status were noted among SMM [ 41 ]. Mean number of microaggressions experienced by SMW in partnered unmarried relationships fell between, but were not significantly different from, that of married and single SMW.
Theoretical framework
Social-ecological and stigma theoretical perspectives were used as the framework for organizing literature in this review (See Fig 1 ). Stigma occurs and is experienced by sexual minorities at individual, interpersonal, and structural levels, which mirror the levels of focus within the social-ecological framework [ 6 , 42 ]. Consequently, changes such as extending equal marriage rights to same-sex couples may influence sexual minorities’ experiences of stigma across all of these levels [ 43 ]. Gaining access to the institution of marriage is distinct from marital status (or being married) and likely impacts sexual minority adults across individual, interpersonal, and community contexts [ 44 ], regardless of relationship status.
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https://doi.org/10.1371/journal.pone.0249125.g001
From a social-ecological perspective, individual and interpersonal processes can amplify or weaken the impact of structural level policies, such as equal marriage rights, on sexual minority individuals’ health and well-being [ 43 , 45 , 46 ]. For example, on an individual level, experiences and perceptions of equal marriage rights may influence stigma-related processes such as internalized heterosexism, comfort with disclosure, and centrality of sexual identity [ 47 ]. Interpersonal and community level interactions may trigger stigma-related processes such as prejudice concerns, vigilance, or mistrust. Such processes may in turn, influence the impact of social policy change on sexual minority stress and well-being [ 48 – 50 ].
The impact of equal marriage rights among sexual minority individuals may also be influenced by other social and political factors such as state- or regional-level social climate [ 50 – 52 ], or inconsistency among other policy protections against discrimination (e.g., in housing or public accommodations) [ 11 , 50 ]. Sociopolitical uncertainty may continue long after the right to marry is extended to same-sex couples [ 53 , 54 ]. Monk and Ogolsky [ 44 ] define political uncertainty as a state of “having doubts about legal recognition bestowed on individuals and families by outside systems; being unsure about social acceptance of marginalized relationships; being unsure about how ‘traditional’ social norms and roles pertain to marginalized relationships or how alternative scripts might unfold” (p. 2).
Current study
The overall aim of this scoping review was to identify and summarize existing literature on psychosocial impacts of equal marriage rights among sexual minority adults. Specific objectives were to: 1) identify and describe the psychosocial impacts of equal marriage rights on sexual minority adults; and 2) explore SMW-specific perceptions of equal marriage rights and whether psychosocial impacts differ for SMM and SMW.
Study design
We used a scoping review approach, as it is well-suited for aims designed to provide a descriptive overview of a large and diverse body of literature [ 55 ]. Scoping reviews have become a widely used approach for synthesizing research evidence, particularly in health-related fields [ 55 ]. Scoping reviews summarize the range of research, identify key characteristics or factors related to concepts, and identify knowledge gaps in particular areas of study [ 56 , 57 ]. By contrast, systematic reviews are more narrowly focused on creating a critically appraised synthesized answer to a particular question pertinent to clinical practice or policy making [ 57 ]. We aimed to characterize and summarize research related to psychosocial impacts of equal marriage rights and same-sex marriage, including potential gaps in research specific to SMW. Following Arksey and O’Malley [ 56 ], the review was conducted using the following steps: 1) identifying the research question, 2) identifying relevant studies, 3) selecting studies, 4) charting the data, and 5) collating, summarizing and reporting results. Because this is a scoping review, it was not registered with PROSPERO, an international registry for systematic reviews.
Selection method
The authors used standard procedures for conducting scoping reviews, including following PRISMA guidelines [ 58 ]. Articles that report findings from empirical studies with an explicit focus on the psychosocial impacts of equal marriage rights and same-sex marriage on sexual minority adults are included in this review. All database searches were limited to studies in English language journals published from 2000 through 2019 (our most recent search was executed in June 2020). This time frame reflects the two decades since laws regarding same-sex marriage began to change in various countries or jurisdictions within countries. Literature review articles and commentaries were excluded. To ensure that sources had been vetted for scientific quality by experts, only articles in peer-reviewed journals were included; books and research in the grey literature (e.g., theses, dissertations, and reports) were excluded. There was no restriction on study location. A librarian searched PubMed, PsycINFO, CINAHL (Cumulative Index to Nursing and Allied Health Literature), Web of Science, JSTOR, and Sociological Abstracts databases using combinations of key search terms. Following is an example of the search terms used in CINAHL database searches: ((TI "marriage recognition" OR AB "marriage recognition") OR (TI marriage OR AB marriage) OR (TI same-sex OR AB same-sex) OR (TI "same sex" OR AB "same sex")) AND ((TI LGBT OR AB LGBT) OR (TI gay OR AB gay) OR (TI lesbian OR AB lesbian) OR (TI bisexual OR AB bisexual) OR (TI transgender OR AB transgender) OR (TI Obergefell OR AB Obergefell) OR (TI "sexual minorities" OR AB "sexual minorities))
Articles were selected in two stages of review. In stage one, the first author and librarian independently screened titles and abstracts for inclusion or exclusion using eligibility criteria. We excluded articles focused solely on the impact of relationship status on health outcomes, satisfaction or dynamics within marriage relationships, or the process of getting married (e.g., choices of who to invite, type of ceremony), or other topics that did not pertain directly to the research aims. For example, a study about the impact of getting married that also included themes pertaining to the impact or meaning of equal marriage rights was included in the full review. The first author and a librarian met to review and resolve differences and, in cases where relevance was ambiguous, articles underwent a full-text review (in stage 2). Table 1 summarizes exclusion categories used in the title and abstract reviews.
https://doi.org/10.1371/journal.pone.0249125.t001
In stage two, articles not excluded in stage one were retrieved for full-text review. Each article was independently reviewed by two authors to assess study relevance. Discrepancies related to inclusion were few (less than 10%) and resolved through discussion and consensus-building among the first four authors. This process resulted in an analytic sample of 59 articles (see Fig 2 ).
https://doi.org/10.1371/journal.pone.0249125.g002
Table 2 provides an overview of characteristics of the studies included in this scoping review. Most were qualitative and most aggregated SMW and SMM in analyses. Only 14 studies explored differences in impact for SMW and SMM, or separately examined the specific perceptions and experiences of SMW. Although search terms were inclusive of transgender individuals, samples in the studies we reviewed rarely included or focused explicitly on experiences of transgender or gender nonbinary identified individuals. In studies that explicitly included transgender and nonbinary individuals, sample sizes were rarely large enough to permit examination of differences based on gender identity (e.g., survey samples with 2–3% representation of nonbinary or transgender individuals) [ 44 , 59 – 63 ]. Other studies recruiting sexual minorities may have included transgender and nonbinary individuals (who also identified as sexual minorities), but did not assess gender identity. Among studies in which participant race/ethnicity was reported, most included samples that were majority White.
https://doi.org/10.1371/journal.pone.0249125.t002
Studies of the impact of legalized marriage on physical health were not excluded in the original search parameters; however, physical health has been addressed in prior reviews [ 15 – 20 ]. Further, because our research questions focused on psychosocial factors, we excluded studies on physical health unless they also addressed individual, interpersonal, or community psychosocial impacts of same-sex marriage legalization. Studies that focused on physical health impacts or access to health insurance were used only in the introduction.
Civil union was not explicitly included as a search parameter, but articles focusing on civil unions were captured in our search. Although civil unions are not equivalent to marriage, they often confer similar substantive legal rights. We included articles about civil union that explicitly pertained to our research question, such as a study that examined perceived stigma and discrimination before and after implementation of civil union legislation in one U.S. state [ 64 ], and excluded articles that did not (e.g., a study of relationship quality or longevity among same-sex couples in civil unions) [ 65 ].
A majority of the studies were conducted in the U.S. Of the 43 U.S. studies, 20 sampled from a single state, 10 included participants from multiple states, 12 used a national sample, and one had no human subjects (secondary analysis of legal cases). Of those sampling a single state, all focused on the impact of changes (or proposed changes) in same-sex marriage policy: 10 focused on Massachusetts (the first state in the U.S. to legalize same-sex marriage), two focused on Iowa, two on Vermont, and two on California. One article each included study participants from Nebraska, Oregon, Illinois, and a small (unnamed) non-metropolitan town in the Midwest.
Analysis method
We created a data extraction form to ensure consistency across team members in extracting key study information and characteristics including study design (e.g., quantitative, qualitative, or mixed method), location (e.g., country and/or region), sample (e.g., whether the study included or excluded SMW or SMM, assessed and reported race/ethnicity), and key results. Articles were also classified based on findings related to level of impact (e.g., individual, couple, family, community, or broader social attitudes toward LGBTQ+ individuals; see S1 Table ). A final category on significance/implications allowed reviewers to further identify and comment on major themes and relevance to the current review. Themes were then identified and organized using stigma and social-ecological frameworks.
Aim 1: Psychosocial impacts of same-sex marriage rights
Individual level impacts..
Although most studies about the impact of equal marriage rights have been conducted with couples or individuals in committed or married relationships, 15 studies in this review included sexual minority adults across relationship statuses. In general, studies examining the impact of equal marriage rights among sexual minorities suggest that equal access to marriage has a positive impact on perceptions of social acceptance and social inclusion regardless of relationship status [ 47 , 63 , 66 , 67 ]. For example, Riggle and colleagues [ 47 ] examined perceptions of sexual minority individuals in the U.S. during the period in which same-sex couples had equal marriage rights in some, but not all, U.S. states. Sexual minorities who resided in states with equal marriage rights reported less identity concealment, vigilance, and isolation than their peers in states without equal marriage rights. Similarly, using data from the longitudinal Nurses’ Health Study in the U.S., Charlton and colleagues [ 68 ] examined potential positive impacts of equal marriage rights on sexual identity disclosure. They found that participants living in states with any form of legal recognition of same-sex relationships (inclusive of marriage, civil unions, or domestic partnerships) were 30% more likely than those is states without legal recognition to consistently disclose a sexual minority identity across survey waves [ 68 ].
Researchers have documented ambivalence among sexual minority adults regarding the institution of marriage and whether same-sex marriage would impact other forms of structural or interpersonal stigma. Sexual minority participants in several studies expressed concern about continued interpersonal stigma based on sexual or gender identity, the limitations of marriage as a vehicle for providing benefits and protections for economically marginalized LGBTQ+ individuals, and the possibility that an increased focus on marriage would contribute to devaluing unmarried same-sex relationships [ 12 , 13 , 62 , 69 , 70 ]. Studies also documented concerns about marriage being inherently linked to heteronormative expectations and about assimilation to heterosexist cultural norms [ 60 , 69 , 71 ]. These concerns were summarized by Hull [ 69 ]: “The fact that LGBTQ respondents favor marriage more in principle (as a right) than in practice (as an actual social institution) suggests that marriage holds multiple meanings for them” (p. 1360).
Five studies explicitly examined racial/ethnic minority identities as a factor in individuals’ perceptions of same-sex marriage; one qualitative study focused exclusively on Black individuals in the U.S. [ 72 ] and the other four examined differences by race/ethnicity [ 64 , 66 , 67 , 73 ]. McGuffy [ 72 ] conducted in-depth interviews with 102 Black LGBT individuals about their perceptions of marriage as a civil rights issue before and after same-sex marriage was recognized nationally in the U.S. The study found that intersecting identities and experiences of discrimination related to racism, homophobia, and transphobia influenced personal views of marriage. For example, although most participants were supportive of equal marriage rights as a public good, many felt that the emphasis on marriage in social movement efforts overlooked other important issues, such as racism, economic injustice, and transgender marginalization.
The four other studies examining racial/ethnic differences in perceptions about whether equal marriage rights facilitated inclusion or reduced interpersonal stigma yielded mixed results. One found that residing in states with equal marriage rights was associated with greater feelings of acceptance among sexual minorities; however, White sexual minorities reported greater feelings of inclusion than participants of color [ 66 ]. By contrast, in a quasi-experiment in which SMW in a midwestern state were interviewed pre- or post- passage of civil union legislation, those interviewed after the legislation reported lower levels of stigma consciousness and perceived discrimination than those interviewed before the legislation; however, effects were stronger among SMW of color than among White SMW [ 64 ]. In a study of unmarried men in same-sex male couples, Hispanic/Latino men were more likely than non-Latino White participants to report perceived gains in social inclusion after equal marriage rights were extended to all U.S. states [ 67 ]. However, men who reported higher levels of minority stress (enacted and anticipated stigma as well as internalized homophobia) were less likely to show improvement in perceptions of social inclusion. Lee [ 73 ], using data from a national Social Justice Sexuality Project survey, found no statistical differences in Black, White and Latinx sexual minorities’ perceptions that equal marriage rights for same-sex couples had a moderate to major impact on their lives. In analyses restricted to Black participants, individuals with higher level of sexual minority identity salience reported significantly higher importance of equal marriage rights. Lee suggests that same-sex marriage was perceived by many study participants as a tool to gain greater acceptance in the Black community because being married is a valued social status.
Couple level impacts.
We identified 15 studies that focused on couples as the unit of analysis. Findings from studies of the extension of equal marriage rights in U.S. states suggest positive impacts among same-sex couples, including access to financial and legal benefits as well as interpersonal validation, such as perceptions of being viewed as a “real” couple and increased social inclusion [ 12 , 59 , 63 , 74 , 75 ]. Furthermore, couples in several studies described the potential positive impacts of legal recognition of their relationship on their ability to make joint decisions about life issues, such as having children and medical care [ 75 ]. Couples also described having a greater sense of security associated with financial (e.g., taxes, healthcare) and legal (e.g., hospital visitation) benefits and reduced stress in areas such as travel and immigration [ 75 ]. Collectively, these findings suggest that marriage rights were perceived to imbue individuals in same-sex relationships with a sense of greater security, stability, and safety due to the legal recognition and social legitimization of same-sex couples. Although equal marriage rights were perceived as an important milestone in obtaining civil rights and reducing institutional discrimination, concerns about and experiences of interpersonal stigma persisted [ 76 – 78 ]. The social context of legal same-sex marriage may create stress for couples who elect to not marry. For example, in a study of 27 committed, unmarried same-sex couples interviewed after the U.S. Supreme Court decision on Obergefell, couples who chose not to marry described feeling that their relationships were less supported and perceived as less committed [ 79 ].
Reports from the CUPPLES study, a national longitudinal study of same-sex couples in the U.S. from 2001 to 2014, provided a unique opportunity to examine the impact of different forms of legal recognition of same-sex relationships. In wave three of the study during 2013–2014, open-ended qualitative questions were added to explore how individuals in long-term committed partnerships perceived the extension of equal marriage rights in many U.S. states. Themes included awe about the historic achievement of a long-awaited civil rights goal, celebration and elation, and affirmation of minority sexual identity and relationships, but also fears of backlash against sexual minority rights [ 80 ]. Some individuals who divorced after institutionalization of the right to same-sex marriage reported shame, guilt, and disappointment—given that they and others had fought so hard for equal marriage rights [ 81 ].
Studies outside the U.S. have also found evidence of positive impacts of legal recognition of same-sex couple relationships (e.g., increased social recognition and social support), as well as potential concerns [ 82 – 86 ]. For example, in a study of couples from the first cohort of same-sex couples to legally marry in Canada, participants described marriage as providing them with language to describe their partner that was more socially understood and helping to decrease homophobic attitudes among the people around them [ 83 ]. Some couples said they could fully participate in society and that marriage normalized their lives and allowed them to “live more publicly.” Couples also discussed the safety, security, and increased commitment that came from marriage, and some felt that marriage opened up previously unavailable or unimagined opportunities, such as becoming parents. However, some participants noted that their marriage caused disjuncture in relationships with their family of origin, as marriage made the relationship feel too real to family members and made their sexual identities more publicly visible.
Family level impacts.
Seventeen studies examined the impact of equal marriage rights on sexual minority individuals’ or couples’ relationships with their families of origin. Although these studies predominately used cross-sectional survey designs, one longitudinal study included individuals in both different-sex and same-sex relationships before and after the U.S. Supreme Court decision that extended marriage rights to all states [ 44 ]. This study found that support from family members increased following national legalization of same-sex marriage [ 44 ]. A cross-sectional online survey of 556 individuals with same-sex partners in Massachusetts (the first U.S. state to extend equal marriage rights to same-sex couples), found that greater family support and acceptance of same-sex couples who married was associated with a stronger overall sense of social acceptance [ 66 ].
Other cross-sectional surveys found mixed perceptions of family support and feelings of social acceptance. For example, a study of 357 participants in long-term same-sex relationships found that perceived social support from family did not vary by state-level marriage rights or marital status [ 47 ]. However, living in a state with same-sex marriage rights was associated with feeling less isolated. The finding of no differences in perceived support might be partly explained by the fact that the sample included only couples in long-term relationships; older, long-term couples may rely less on support from their family of origin than younger couples [ 12 ].
In studies (n = 6) that included dyadic interviews with same-sex married couples [ 74 , 79 , 85 , 87 – 89 ], participants described a wide range of family members’ reactions to their marriage. These reactions, which emerged after same-sex marriage legalization, were typically described by couples as profoundly impactful. Couples who perceived increased family support and acceptance described these changes as triumphant [ 85 ], transformative [ 88 ], and validating [ 74 , 87 ]. Conversely, some same-sex couples reported feeling hurt and betrayed when familial reactions were negative or when reactions among family members were divided [ 85 , 87 , 89 ]. Findings from these and other studies suggest that if certain family members were accepting or rejecting prior to marriage, they tended to remain so after equal marriage rights and/or the couple’s marriage [ 61 , 74 , 90 , 91 ]. In some cases, family members were perceived as tolerating the same-sex relationship but disapproving of same-sex marriage [ 85 , 90 ].
Findings from studies of married sexual minority people suggest that family (especially parental) disapproval was a challenge in the decision to get married [ 92 ], possibly because disclosure of marriage plans by same-sex couples frequently disrupted family “privacy rules” and long-time patterns of sexual identity concealment within families or social networks [ 87 ]. In a few studies, same-sex partners perceived that their marriage gave their relationship more legitimacy in the eyes of some family members, leading to increased support and inclusion [ 61 , 66 , 89 – 91 ]. Further, findings from two studies suggested that participating in same-sex weddings gave family members the opportunity to demonstrate support and solidarity [ 87 , 93 ].
Two qualitative studies collected data from family members of same-sex couples. In one, heterosexual siblings (all of whom were in different-sex marriages) described a range of reactions to marriage equality—from support for equal marriage rights to disapproval [ 80 ]. The other study interviewed sexual minority migrants to sexual minority friendly countries in Europe who were married and/or raising children with a same-sex partner, and these migrant’s parents who lived in Central and Eastern European countries that prohibited same-sex marriage. Parents found it difficult to accept their adult child’s same-sex marriage, but the presence of grandchildren helped to facilitate acceptance [ 94 ].
Community level impacts.
Twelve studies in this review examined the community-level impacts of same-sex marriage. These studies focused on community level impacts from two perspectives: impacts of equal marriage rights on LGBTQ+ communities, and the impacts of equal marriage rights on LGBTQ+ individuals’ interactions with their local communities or extended social networks.
LGBTQ+ communities . A prominent theme among these studies was that marriage is beneficial to LGBTQ+ communities because it provides greater protection, recognition, and acceptance of sexual minorities, their families, and their relationships—even beyond the immediate impact on any individual and their relationship or marriage [ 12 , 62 , 89 , 95 ]. Despite these perceived benefits, studies have found that some sexual minority adults view marriage as potentially harmful to LGBTQ+ communities because of concerns about increased assimilation and mainstreaming of LGBTQ+ identities [ 12 , 50 , 62 ], stigmatizing unmarried relationships [ 62 ], and weakening of unique and valued strengths of LGBTQ+ culture [ 12 ]. For example, Bernstein, Harvey, and Naples [ 96 ] interviewed 52 Australian LGBTQ+ activists and legislators who worked alongside activists for equal marriage rights. These authors described the “assimilationist dilemma” faced by activists: a concern that gaining acceptance into the mainstream societal institution of marriage would lessen the salience of LGBTQ+ identity and ultimately diminish the richness and strength of LGBTQ+ communities. Another downside of the focus on marriage as a social movement goal was the concern about reinforcing negative heteronormative aspects of marriage rather than challenging them [ 95 ].
Four studies explicitly examined possible community level impacts of same-sex marriage. In a mixed-methods study with 115 LGBTQ+ individuals in Massachusetts, participants reported believing that increased acceptance and social inclusion as a result of equal marriage rights might lessen reliance on LGBTQ+-specific activism, events, activities, and venues for social support [ 13 ]. However, a majority of study participants (60%) reported participating in LGBTQ+-specific events, activities, or venues “regularly.” A few studies found evidence of concerns that the right to marry could result in marriage being more valued than other relationship configurations [ 12 , 62 , 79 ].
Local community contexts and extended social networks . Studies examining the impact of same-sex marriage on sexual minority individuals’ interactions with their extended social networks and in local community contexts yielded mixed results. In an interview study with 19 same-sex couples living in the Netherlands, Badgett [ 66 ] found that LGBTQ+ people experienced both direct and indirect increases in social inclusion in their communities and extended social networks as a result of equal marriage rights. For example, direct increases in social inclusion included people making supportive comments to the couple and attending their marriage ceremonies; examples of indirect increases included same-sex spouses being incorporated into family networks [ 66 ]. Other studies found mixed or no change in support for LGBTQ+ people and their relationships. Kennedy, Dalla, and Dreesman [ 61 ] collected survey data from 210 married LGBTQ+ individuals in midwestern U.S. states, half of whom were living in states with equal marriage rights at the time of data collection. Most participants did not perceive any change in support from their community/social network following legalization of same-sex marriage; other participants reported an increase or mixed support from friends and co-workers. Similarly, Wootton and colleagues interviewed 20 SMW from 15 U.S. states and found positive, neutral, and negative impacts of same-sex marriage on their interactions in work and community contexts [ 50 ]. Participants perceived increased positivity about LGBTQ+ issues and more accepting attitudes within their extended social networks and local communities, but also reported hearing negative comments about sexual minority people more frequently and experiencing continued sexual orientation-based discrimination and stigma [ 50 ]. Many SMW reported feeling safer and having more positive conversations after Obergefell, but also continued to have concerns about being out at work as a sexual minority person [ 50 ].
Two studies examined the experiences of LGBTQ+ people in U.S. states in which same-sex marriage restrictions were decided by voters through ballot measures. These studies documented mixed impacts on participants’ interactions with extended social networks and community. Maisel and Fingerhut [ 28 ] surveyed 354 sexual minority adults in California immediately before the vote to restrict recognition of marriage to one man and one woman in the state (Proposition 8) and found that about one-third experienced interactions with social network members that were positive, whereas just under one-third were negative, and the rest were either mixed or neutral. Overall, sexual minority people reported more support than conflict with extended social network members and heterosexual community members over the ballot measure, with friends providing the most support [ 28 ]. Social support and solidarity from extended social network members in the face of ballot measures to restrict marriage recognition were also reported in an interview study of 57 same-sex couples residing in one of seven U.S. states that had passed marriage restriction amendments in 2006 [ 97 ]. However, some LGBTQ+ people also experienced condemnation and avoidance in their extended social networks [ 97 ].
Societal level impacts.
Sixteen studies examined ways that same-sex marriage influenced societal attitudes about sexual minority individuals or contributed to additional shifts in policies protecting the rights of sexual minority individuals. Findings suggested that the right of same-sex couples to marry had a positive influence on the political and socio-cultural context of sexual minorities’ lives. For example, changes in laws may influence social attitudes or result in LGBTQ positive policy diffusion across states (jurisdictions). There is debate over whether legal changes, such as equal marriage rights, create or are simply reflective of changes in social attitudes toward a group or a social issue [ 98 ]. Flores and Barclay [ 98 ] theorize four different socio-political responses to changes in marriage laws: backlash, legitimacy, polarization, and consensus. Some scholars argue that changes in law are unlikely to impact social attitudes (consensus), while others argue that legal changes influence the political and social environment that shapes social attitudes. Possible effects range from decreased support for sexual minorities and attempts to rescind rights (backlash) to greater support for the rights of sexual minorities and possible future expansion of rights and protections (legitimacy).
Findings from research generally suggest a positive relationship between same-sex marriage and public support for the overall rights of sexual minorities (legitimacy), and mixed results related to changes in mass attitudes (consensus) [ 98 – 106 ]. For example, in a panel study in Iowa before and after a state Supreme Court ruling in favor of equal marriage rights, Kreitzer and colleagues found that the change in law modified registered voters’ views of the legitimacy of same-sex marriage and that some respondents felt “pressure” to modify or increase their expressed support [ 102 ]. Similarly, Flores and Barclay [ 98 ] found that people in a state with equal marriage rights showed a greater reduction in anti-gay attitudes than people in a state without equal marriage rights. Studies based on data from European countries also found that more positive attitudes toward sexual minorities were associated with equal marriage rights; improvements in attitudes were not evident in countries without equal marriage rights [ 9 , 105 , 106 ].
There is some evidence to support the third possible socio-political response to changes in marriage laws in Flores and Barclay’s model: increased polarization of the general public’s attitudes toward sexual minorities. Perrin, Smith, and colleagues [ 107 ], using successive-independent samples study of conservatives, moderates, and progressives across the U.S. found no overall changes in opinions attitudes about sexual minorities immediately after the Supreme Court decision extending equal marriage rights to all same-sex couples in the U.S. However, analyses by subgroup found that those who were conservative expressed more prejudice toward gay men and lesbians, less support for same-sex marriage, and less support for LGB civil rights immediately after the decision. Similarly, drawing on data from approximately one million respondents in the U.S. who completed implicit and explicit measures of bias against gay men and lesbian women (Project Implicit), Ofosu and colleagues [ 100 ] found that implicit bias decreased sharply following Obergefell. However, changes in attitudes were moderated by state laws; respondents in states that already had equal marriage rights for same-sex couples demonstrated decreased bias whereas respondents in states that did not yet have equal marriage rights evidenced increased bias [ 100 ]. Using data from the World Values Survey (1989–2014) in European countries, Redman [ 103 ] found that equal marriage rights were associated with increases in positive opinions about sexual minorities, but that the increase was driven largely by those who already held positive views.
Little support has been found for the hypothesis that the extension of equal marriage rights would be followed by a backlash of sharp negative shifts in mass attitudes and public policy [ 98 , 108 , 109 ]. For example, a general population survey in one relatively conservative U.S. state (Nebraska) found public support for same-sex marriage was higher after the Supreme Court ruling than before, suggesting no backlash in public opinion [ 108 ]. Similarly, Bishin and colleagues [ 109 ], using both an online survey experiment and analysis of data from a U.S. public opinion poll (National Annenberg Election Studies) before and after three relevant policy events, found little change in public opinion in response to simulated or actual policy changes.
Although equal marriage rights confer parental recognition rights, there are still legal challenges and disparate rulings and interpretations about some family law issues [ 77 , 110 , 111 ]. For example, some states in the U.S. have treated the parental rights of same-sex couples differently than those of different-sex (presumed heterosexual) couples. Both members of a same-sex couple have traditionally not been automatically recognized as parents of a child born or adopted within the relationship. However, the presumptions of parenthood after same-sex marriage was legalized have forced states to treat both members of same-sex couples as parents irrespective of method of conception or adoption status [ 112 ]. Still, results from a cross-national study of laws, policies, and legal recognition of same-sex relationships suggests that parental rights are recognized in some jurisdictions but not others [ 111 ].
Aim 2: SMW-specific findings and differences by gender
A total of 13 studies included in this review conducted SMW-specific analyses or compared SMW and SMM’s perceptions and experiences of same-sex marriage and equal marriage rights. In studies that included only SMW [ 50 , 64 , 68 , 77 , 81 , 86 , 89 , 91 ], findings emphasized the importance of relational and interpersonal impacts of same-sex marriage. Examples include creating safety for sexual identity disclosure and visibility [ 68 , 81 ], providing legal protections in relation to partners and/or children [ 77 , 81 ], offering social validation [ 86 , 89 ], and reducing stigma in larger community contexts [ 50 , 64 ]. Relational themes centered on concerns and distress when experiencing rejection or absence of support from family members or extended social networks [ 50 , 81 , 86 , 89 , 91 ].
Two of the studies of SMW documented sexual identity and gender identity differences in interpersonal experiences associated with same-sex marriage [ 86 , 89 ]. Lannutti’s interview study of the experiences of 26 married or engaged SMW couples with different sexual identities (bisexual-lesbian couples) revealed how the right to marry made them feel more connected to LGBTQ+ communities through activism and being “counted” as a same-sex married couple. However, same-sex marriage made some bisexual women feel more invisible within LGBTQ+ communities [ 89 ]. Scott and Theron [ 86 ] found that married lesbian women and cisgender women partners of transmasculine individuals (i.e., masculine-identifying transgender individuals) faced different challenges as they navigated through gendered social expectations and made choices about conforming or rejecting heteronormativity.
Only five of the studies focusing on psychosocial impacts of equal marriage rights explicitly examined potential differences by sex [ 28 , 66 , 73 , 76 , 95 ]. Some studies found perceptions of greater social inclusion [ 66 ], or feelings of ambivalence (simultaneously holding positive, negative, and critical perspectives about marriage as an institution) [ 95 ] that were similar among SMW and SMM. Maisel and Fingerhut’s study of consequences of a state-level campaign to restrict marriage rights [ 28 ] showed that SMW and SMM experienced similar negative impacts on personal well-being and interactions with extended social networks. However, Lee found that, compared with Black SMM, Black SMW perceived same-sex marriage to have a larger impact on their lives [ 73 ]. Other studies found that SMW were more likely than SMM to report positive perceptions of same-sex marriage, possibly because they are more likely than SMM to have children and to be concerned about parental protections [ 73 , 95 ]. SMW and SMM may be differentially impacted by interpersonal stigma despite equal marriage rights. For example, one study found that SMW experienced higher levels of distress than SMM when their relationships were not treated as equal to heterosexuals’ [ 76 ].
Overall, findings from this scoping review suggest that psychosocial impacts of equal marriage rights among sexual minorities are apparent at all levels of our social-ecological and stigma framework. Sexual minority-specific stigma occurs on multiple levels (e.g., individual, interpersonal, and structural simultaneously and changes in social policies have cascading effects on sexual minority individuals’ experiences at each level. Generally, equal marriage rights had a positive impact on perceptions of social acceptance and social inclusion for sexual minority individuals, couples, and the LGBTQ+ community as a whole. However, many studies described mixed, ambivalent, or complicated perceptions of same-sex marriage, as well as stigmatizing interactions that were unaffected or exacerbated by equal marriage rights.
Although research does not unequivocally suggest the presence of a backlash in public opinion after equal marriage rights, there has been an increase in laws and policies at the U.S. state and federal levels that explicitly allow for religious-belief-based denial of services to sexual minority individuals and same-sex couples. For example, by 2017, 12 states in the U.S. enacted laws permitting the denial of services (e.g., allowing government officials to refuse to issue same-sex marriage licenses, allowing magistrates to refuse to perform same-sex marriages, and permitting adoption and child welfare agencies to refuse same-sex couples’ adoption or fostering children) based on religious beliefs [ 113 ]. Research has documented negative health and psychological outcomes among sexual minorities living in U.S. states with policies that permit denial of services to sexual or gender minorities [ 114 , 115 ] and in states that do not have legal protections against discrimination [ 38 , 116 , 117 ]. Additional research is needed to examine how changes in local or national laws impact the health and well-being of sexual and gender minorities—particularly over the long term.
Gaps & future research needs
Research is limited in terms of examining how same-sex marriage may differentially impact sexual minority individuals based on sex, gender identity, or race/ethnicity. Only 14 studies included in this review addressed the psychosocial impacts of same-sex marriage among SMW. More research is needed to understand the unique experiences and psychosocial impact of same-sex marriage for SMW and SMM. Further, many study samples were largely homogenous and included an overwhelming majority of White participants. The few studies with substantial sample sizes of people of color, and that compared people of color to White people, found differences by race in perceived impact of same-sex marriage [ 64 , 67 , 73 ], demonstrating the need for additional work in this area.
There were also very few studies in this review that explored differences by sexual identity (e.g., monosexual vs. plurisexual), gender identity (e.g., transgender vs. cisgender), gender expression (e.g., masculine vs. feminine presentation), or differences based on sex/gender of participants’ partners. Although transgender and nonbinary individuals were included in eight studies, five provided only descriptive information and only three described any unique findings from transgender study participants. For example, McGuffey [ 72 ] found that transgender individuals who identified as heterosexual described same-sex marriage rights as less relevant than issues of gender identity and expression and Hull found that cisgender sexual minority men generally expressed more enthusiasm about marriage than both cisgender women and transgender individuals [ 69 ]. Transgender and nonbinary individuals who perceive positive impacts of equal marriage rights may still experience challenges in navigating heteronormative and cisnormative expectations [ 72 , 86 ]. Other qualitative studies documented concerns that LGBTQ+ advocacy efforts, once marriage rights were secured, might fail to address rights and protections for transgender and nonbinary individuals [ 62 , 69 ]. Future studies that include the voices of transgender and nonbinary individuals are needed to better understand perceptions across both sexual and gender identities [ 118 ].
There is limited research on immediate and extended family members’ perceptions of equal marriage rights. There is also a need for prospective studies that examine whether familial acceptance increases over time. Many studies did not account for differences in LGBTQ+ identity salience and connection to LGBTQ+ and other communities, which may influence differences in perceptions and reactions to same-sex marriage.
The majority of studies (43 of 59) we reviewed were conducted in the U.S. Eleven of these collected data after Obergefell (June 25, 2015). Only two used longitudinal research designs that included data collection before and after national same-sex marriage legalization [ 44 , 107 ]. The legal and social landscapes have changed since this time and there is a need for re-assessment of the impact of same-sex marriage over multiple future timepoints.
Limitations
Although this scoping review used a systematic approach and, to our knowledge, is novel in its focus on impact of equal marriage rights on sexual minorities’ personal lives, interpersonal relationships, and social/community contexts, we acknowledge several limitations. We did not conduct a search of grey literature (e.g., reports, policy literature, working papers) or books and, consequently, likely excluded some scholarly work aligned with our focus. Our inclusion criteria of only peer-reviewed studies may have led us to exclude dissertations that focus on emerging areas of research, such as differences by gender identity, sexual identity, or race and ethnicity. As with all scoping reviews, studies may have been missed because of the search strategy. For example, it is possible that relevant studies were indexed in databases not used in our review. We also restricted our review to English language literature, excluding potentially relevant studies published in other languages. Studies in other languages may provide useful insights from other countries where English is not widely used. Although we focused exclusively on empirical studies, we did not assess the quality of the studies. Findings of the review are also limited by the collective body of research questions, designs, and analyses that have been pursued. For example, as noted above, few studies explored psychosocial impacts of same-sex marriage among SMW or explored differences by sex; consequently we were limited in our ability to address our second research aim.
This scoping review identified and described psychosocial impacts of equal marriage rights among sexual minority adults and explored potential SMW-specific experiences and differences by sex. Our results highlight four points. First, equal marriage rights are associated with a wide range of positive impacts on the psychological and social well-being of sexual minority adults. Second, the potential positive impacts of equal marriage rights are amplified or weakened by the presence or absence of stigma in interpersonal interactions and in the larger political and social environment. Third, although there is a growing body of global research on the impact of same-sex marriage, most studies have been conducted in the U.S. Cross-cultural studies can improve understanding of individual, interpersonal, and community level impacts of same-sex marriage in different cultural contexts. Fourth, given indications of differences between SMW and SMM in perceived impact of same-sex marriage, there is a need for research that examines the specific perspectives of SMW and that explores possible differences in perspectives and experiences by sex. Research is also needed to understand differences based on race/ethnicity, gender identity, and age. The right of same-sex couples to marry does not merely address the concerns of sexual minorities, it aims to right a far bigger wrong: the exclusion of some individuals from one of the most important institutions in social life.
Supporting information
S1 table. articles included in scoping review on the psychosocial impact of equal marriage rights among sexual minority adults..
https://doi.org/10.1371/journal.pone.0249125.s001
S1 Checklist. Preferred Reporting Items for Systematic reviews and Meta-Analyses extension for scoping reviews (PRISMA-ScR) checklist.
https://doi.org/10.1371/journal.pone.0249125.s002
S1 Text. Definitions.
https://doi.org/10.1371/journal.pone.0249125.s003
Acknowledgments
The authors thank Karen F. Trocki for providing input during the initial conceptualization of this project. Our thanks to Carol A. Pearce, MLIS, who helped with finding records, removing duplicates, title and abstract review, and data management.
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ISSN 2581-5369
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Harmonizing Values and Laws: The Socio-Legal Evolution of Same-Sex Marriage in India
P. samay kumar.
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Student at ICFAI Law School, Hyderabad, India
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The discourse surrounding same-sex marriage has emerged as a global conversation, reverberating across diverse societies, and India's landscape is no exception. While many nations have ventured into legalizing same-sex marriage, India's socio-legal milieu presents a nuanced narrative. This research embarks on an intricate journey, aiming to comprehensively analyze the socio-legal dynamics enveloping the domain of same-sex marriage within India. The core purpose of this study is to dissect the multifaceted factors that contribute to the dynamic perception and reception of same-sex marriage in the Indian context. Delving deep into history, culture, and legal frameworks, the research scrutinizes the intricate interplay between these dimensions to decipher the complex attitudes and stances toward same-sex unions. Marriage transcends individual privacy due to its legal implications, and its recognition involves more than a private matter between two individuals. It holds substantial legal and statutory consequences under various legislative enactments. The definition of marriage in India's statutory and personal law systems remains confined to unions between biological men and women, explicitly reflected in the use of terms like "husband," "wife," "male," "female," "bride," "bridegroom," and more. This legal framework underscores that marriage is recognized as an institution solely between a biological man and woman, aligning with legislative intent. Consequently, the argument contends against seeking a court's intervention to alter this established legislative framework. As India continues to navigate this complex terrain, it becomes crucial to foster open dialogues that consider both cultural roots and the evolving aspirations of a progressive society.
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International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2113 - 2137
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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Same-Sex Wedding Service Refusals and Obergefell 's "Decent and Honorable" Dicta
Wayne State University Law School Research Paper No. 4958589
77 Pages Posted: 17 Sep 2024
Wayne State University Law School; Wayne State University - College of Arts and Sciences
Date Written: September 05, 2024
Does the holding in 303 Creative v. Elenis give public accommodations a constitutional right to refuse to provide expressive services for interracial couples’ weddings or for couples’ weddings in which one or both partners are disabled? As indicated by questions Justice Sotomayor raised about this issue during oral arguments, this is one of the troubling new legal questions created by the Supreme Court’s decision in 303 Creative . There the Court held that a Colorado web design business had a First Amendment free speech right to refuse to provide wedding website services for same-sex couples’ weddings, even though Colorado law protects against sexual-orientation discrimination in public accommodations and Colorado concluded that the web design business’ refusal to provide such services violated its law.
Understandably, both the Court’s conservative and liberal justices appear wary of extending the Court’s holding to provide a right to refuse service for other protected couples’ weddings. Yet, so far, advocates of the Court’s decision in 303 Creative have been unable to give a plausible explanation as to why it does not so extend. Often, when pressed, such advocates appeal to Justice Kennedy’s statement, made in dicta, in Obergefell v. Hodges that “[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises.” My aim in this paper is to show why the arguments based on such appeals fail. All such arguments violate longstanding core aspects of either the Court’s First Amendment or public accommodation law precedent. And all such attempts undermine the dignity of LGBTQ people and subject them to an inferior class status. In light of this, I argue that the best way out is for the Court to narrow 303 Creative ’s holding to cover only cases where a state is seeking to enforce its public accommodation law for the purposes the Court attributed to Colorado in 303 Creative . Because states virtually never seek to enforce their public accommodation laws for such reasons, 303 Creative would be unlikely to be controlling in future cases as a result.
Keywords: free speech, free exercise, religious liberty, LGBTQ rights, public accommodation laws, same-sex marriage, Obergefell v. Hodges, 303 Creative v. Elenis, Masterpiece Cakeshop v. Colorado
Suggested Citation: Suggested Citation
Mark Satta (Contact Author)
Wayne state university law school ( email ).
471 Palmer Detroit, MI 48202 United States
Wayne State University - College of Arts and Sciences ( email )
42 W. Warren Ave Detroit, MI 48202 United States
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The Thai Royal Gazette announced on Tuesday that Thai King Maha Vajiralongkorn has endorsed the Marriage Equality Bill, recognizing same-sex marriage.
The bill revises several sections of the Civil and Commercial Code . Amendments to the law employ gender-neutral language and grant LGBTQ+ couples marriage, child adoption, inheritance and healthcare consent rights. The law will enter into force 120 days from the day of the royal assent’s publication, on January 22, 2025. The Senate of Thailand passed the marriage equality law in June, voting 130-4 in favor with 18 abstentions. The passing of the bill in June was the culmination of years of tireless efforts of activists.
The publication of the bill notes the Civil and Commercial Code is inconsistent with the current social conditions, affirming that “it is appropriate to amend certain provisions in the Civil and Commercial Code to support people of diverse genders to be engaged and married, which will give them equal rights, duties and family status as male and female spouses.”
Polls indicate that Thailand has overwhelming public support for marriage equality . Over 99 percent of participants in a poll conducted ahead of the bill’s passing in June supported the enactment of the law. Past studies and surveys have reported “persistent experiences of stigma and discrimination, violence and exclusion,” despite the support for inclusive policies and laws.
Amnesty International’s Thailand researcher Chanatip Tatiyakaroonwong stated , following the Senate’s decision in June, “While there is no doubt that the legalization of marriage for LGBTI couples is a key milestone for Thailand, much more must be done to guarantee full protection of LGBTI people in the country.” Citing the violence and discrimination LGBTI people in Thailand still experience, Tatiyakaroonwong asserted, “The authorities must build on the momentum and take further steps that protect the rights and ensure the participation of LGBTI people and organizations.”
The Prime Minister of Thailand, Paetongtarn Shinawatra, posted a message on X (formerly Twitter) celebrating the announcement, writing, “Thank you for the support from all sectors. This is a joint fight for everyone.” The former Prime Minister, Srettha Thavisin, also voiced his support, celebrating the enactment of the bill as “Another important step for Thai society,” noting, “Gender diversity will finally be fully accepted.”
The endorsement of the Marriage Equality Bill makes Thailand the first Southeast Asian country to implement marriage equality legislation and the third country in Asia, following Nepal and Taiwan , to recognize same-sex marriage.
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Challenges and Opportunities for Research on Same-Sex Relationships
Research on same-sex relationships has informed policy debates and legal decisions that greatly affect American families, yet the data and methods available to scholars studying same-sex relationships have been limited. In this article the authors review current approaches to studying same-sex relationships and significant challenges for this research. After exploring how researchers have dealt with these challenges in prior studies, the authors discuss promising strategies and methods to advance future research on same-sex relationships, with particular attention given to gendered contexts and dyadic research designs, quasi-experimental designs, and a relationship biography approach. Innovation and advances in the study of same-sex relationships will further theoretical and empirical knowledge in family studies more broadly and increase understanding of different-sex as well as same-sex relationships.
One of the most high-stakes debates in the United States today concerns whether and how same-sex relationships influence the health and well-being of individuals, families, and even society. Social scientists have conducted studies that compare same- and different-sex relationships across a range of outcomes (see reviews in Peplau & Fingerhut, 2007 ; Rothblum, 2009 ), and state and federal judiciaries have drawn on this evidence to make critical legal decisions that affect same-sex partners and their children (e.g., American Sociological Association, 2013 ; DeBoer v. Snyder, 2014 ; Hollingsworth v. Perry, 2013 ). Therefore, it is critical that family scholars develop a scientifically driven agenda to advance a coordinated and informed program of research in this area.
Advances in theory and research on marriage and family are inherently shaped by the changing contours of family life over time. For example, during the past decade, increases in the number of people who cohabit outside of marriage have been accompanied by vast improvement in the methods and data used to study cohabiting couples ( Kroeger & Smock, 2014 ). A number of factors point to similarly significant advances in data and research on same-sex relationships in the near future. First, the number of individuals in same-sex unions is significant; recent data from the U.S. Census indicate that about 650,000 same-sex couples reside in the United States, with 114,100 of those couples in legal marriages and another 108,600 in some other form of legally recognized partnership ( Gates, 2013b ). Second, the increasing number of states that legally recognize same-sex marriage (now at 19 states and the District of Columbia, and likely more by the time this article is published), and the U.S. Supreme Court’s reversal of the Defense of Marriage Act in 2013 suggest there will be many more legally married same-sex couples in the years ahead. Third, growing efforts by the federal government to identify same-sex couples in U.S. Census counts and national surveys (e.g., the National Health Interview Survey) and to fund research on sexual minority populations mean that researchers will have new sources of data with which to study same-sex relationships in the future.
We organize this article into three main sections. First, we provide a brief overview of current research and data on same-sex relationships, distinguishing between studies that examine individuals in same-sex relationships and those that examine same-sex couples (i.e., dyads). These two approaches are often conflated, yet they address different kinds of questions. For example, studies of individuals can assess the health benefits of being in a same-sex relationship by comparing individuals in same-sex relationships with individuals in other relationship statuses, whereas a focus on couples allows researchers to examine how same-sex partners compare with different-sex partners in influencing each other’s health. In the second section we consider common methodological challenges encountered in studies of same-sex relationships as well as strategies for addressing these challenges, with particular attention to identifying individuals in same-sex relationships and sample size concerns, addressing gender and sexual identity, recruiting respondents, and choosing comparison groups for studies of same-sex relationships. In the third section we discuss promising strategies for future research on same-sex relationships, with a focus on gendered relational contexts and dyadic research designs, quasi-experimental designs, and a relationship biography approach.
We hope that this article, by drawing on multiple perspectives and methods in the study of same-sex relationships, will advance future research on same-sex unions. Although we discuss details of specific studies, the present article is not intended to be a comprehensive review of research findings on same-sex relationships; our primary focus is on data concerns and methodological strategies. We refer readers to several outstanding reviews of research on same-sex relationships (see, e.g., Kurdek, 2005 ; Moore & Stambolis-Ruhstorfer, 2013 ; Patterson, 2000 ; Peplau & Fingerhut, 2007 ; Rothblum, 2009 ).
Data and Methods: General Approaches
In the face of challenges to research on same-sex relationships, including the past failure of federally supported data collections to include measures that clearly identify same-sex relationships, scholars have been creative in data collection and methodological strategies for research. In most analyses that use probability samples and quantitative methods, social scientists analyze data from individuals in same-sex relationships (e.g., Joyner, Manning, & Bogle, 2013 ), but a number of nonprobability studies (qualitative and quantitative) include data from partners within couples (e.g., Moore, 2008 ; Totenhagen, Butler, & Ridley, 2012 ). Both approaches are essential to advancing our understanding of same-sex relationships.
Research on Individuals
Studies on individuals in same-sex relationships, especially those in which nationally representative data are used, have been essential in evaluating similarities and differences between individuals in same-sex relationships and different-sex relationships. For major data sets that can be used to study individuals in same-sex relationships, readers may turn to several overviews that address sample size and measures that are available to identify those in same-sex relationships (see Black, Gates, Sanders, & Taylor, 2000 ; Carpenter & Gates, 2008 ; Gates & Badgett, 2006 ; Institute of Medicine, 2011 ). These data sets have produced information on the demographic characteristics ( Carpenter & Gates, 2008 ; Gates, 2013b ) and the health and economic well-being of individuals in same-sex relationships ( Badgett, Durso, & Schneebaum, 2013 ; Denney, Gorman, & Barrera, 2013 ; Gonzales & Blewett, 2014 ; Liu, Reczek, & Brown, 2013 ). For example, Wight and colleagues ( Wight, LeBlanc, & Badgett, 2013 ) analyzed data from the California Health Interview Survey and found that being married was associated with lower levels of psychological distress for individuals in same-sex relationships as well as those in different-sex relationships. Given the decades of research showing the many benefits of marriage for men and women in different-sex relationships ( Waite, 1995 ), research on the possible benefits of marriage for individuals in same-sex relationships is an important endeavor. However, in contrast to research on different-sex partnerships, scholars lack longitudinal data from probability samples that enable analysis of the consequences of same-sex relationships for health outcomes over time.
Most probability samples used to study individuals in same-sex relationships have not been designed to assess relationship dynamics or other psychosocial variables (e.g., social support, stress) that influence relationships; thus, these data sets do not include measures that are most central to the study of close relationships, and they do not include measures specific to same-sex couples (e.g., minority stressors, legal policies) that may help explain any group differences that emerge. As a result, most qualitative and quantitative studies addressing questions about same-sex relationship dynamics have relied on smaller, nonprobability samples. Although these studies are limited in generalizability, a number of findings have been replicated across data sets (including longitudinal and cross-sectional qualitative and quantitative designs). For example, studies consistently indicate that same-sex partners share household labor more equally than do different-sex partners and that individuals in same- and different-sex relationships report similar levels of relationship satisfaction and conflict (see reviews in Peplau & Fingerhut, 2007 ; Peplau, Fingerhut, & Beals, 2004 ). One nationally representative longitudinal data set, How Couples Meet and Stay Together (HCMST), includes a question about relationship quality, and is unique in that it oversamples Americans in same-sex couples ( Rosenfeld, Thomas, & Falcon, 2011 & 2014 ). The HCMST data make it possible to address questions about relationship stability over time, finding, for example, that same-sex and different-sex couples have similar break-up rates once marital status is taken into account ( Rosenfeld 2014 ).
Research on Same-Sex Couples
Data sets that include information from both partners in a relationship (i.e., dyadic data) allow researchers to look within relationships to compare partners’ behaviors, reports, and perceptions across a variety of outcomes. Therefore, dyadic data have been used to advance our understanding of same-sex partner dynamics. Researchers have analyzed dyadic data from same-sex partners using diverse methods, including surveys ( Rothblum, Balsam, & Solomon, 2011a ), in-depth interviews ( Reczek & Umberson, 2012 ), ethnographies ( Moore, 2008 ), and narrative analysis ( Rothblum, Balsam, & Solomon, 2011b ). A few nonprobability samples that include dyadic data have also incorporated a longitudinal design (e.g., Kurdek, 2006 ; Solomon, Rothblum, & Balsam, 2004 ).
In some dyadic studies data have been collected from both partners separately, focusing on points of overlap and differences between partners’ accounts, studying such issues as the symbolic meaning of legal unions for same-sex couples ( Reczek, Elliott, & Umberson, 2009 ; Rothblum et al., 2011b ), parenting experiences ( Goldberg, Kinkler, Richardson, & Downing, 2011 ), intimacy dynamics ( Umberson, Thomeer, & Lodge, in press ), interracial relationship dynamics ( Steinbugler, 2010 ), partners’ interactions around health behavior ( Reczek & Umberson, 2012 ), and relationship satisfaction and closeness ( Totenhagen et al., 2012 ). In contrast, other studies have collected data from partners simultaneously, through joint interviews, experiments, or ethnographic observations, focusing on interactions between partners or partners’ collective responses. For example, researchers have used observational methods to provide unique insights into same-sex couples’ conflict styles ( Gottman, 1993 ), division of household labor ( Moore, 2008 ), and coparenting interactions ( Farr & Patterson, 2013 ).
Challenges and Strategies for Studying Same-Sex Relationships
Although current data are characterized by several limitations, this is no reason to avoid the study of same-sex relationships. Indeed, it is important to triangulate a range of qualitative and quantitative research designs and sources of data in efforts to identify consistent patterns in same-sex relationships across studies and to draw on innovative strategies that add to our knowledge of same-sex relationships. In the sections that follow we point to some specific challenges to, advances in, and strategies for research on same-sex relationships.
Identifying Individuals in Same-Sex Relationships
Researchers must accurately identify people who are in same-sex relationships if they are to produce valid results and/or allow comparison of results across studies, both of which are necessary to inform sound public policy ( Bates & DeMaio, 2013 ; DiBennardo & Gates, 2014 ). In most nonprobability studies researchers have relied on volunteer samples and respondents’ self-identification as gay or lesbian. Such samples are more likely to include individuals who are open about their sexual orientation and socioeconomically privileged ( Gates & Badgett, 2006 ). Studies that rely on probability samples (e.g., the General Social Survey, the U.S. Census) raise different concerns because these samples were not originally designed to identify people in same-sex relationships and do not directly ask about the sexual orientation or sex of partners. As a result, to identify individuals in same-sex relationships researchers have juxtaposed information about sex of household head, relationship of head of household to other household members, and sex of those household members, a strategy that can result in substantial misidentification of individuals in same- and different-sex relationships (see discussions in Bates & DeMaio, 2013 , and DiBennardo & Gates, 2014 ; for strategies to adjust for misidentification, see Gates & Cook, 2011 ).
A particularly problematic approach for identifying individuals in same-sex relationships is the use of proxy reports . This approach assumes that children (or other proxies) have valid knowledge of other persons’ (e.g., parents’) sexual and relationship histories and is highly likely to produce invalid or biased results ( Perrin, Cohen, & Caren, 2013 ). For example, a recent study ( Regnerus, 2012 ), which purportedly showed adverse effects of same-sex parents on children, has been widely criticized for using retrospective proxy reports from adult children to identify a parent as having ever been involved in a same-sex relationship (for a critique, see Perrin et al., 2013 ). Although the findings from this study have been largely discredited ( Perrin et al., 2013 ), the results have been used as evidence in legal proceedings geared toward forestalling same-sex partners’ efforts to adopt children or legally marry (e.g., American Sociological Association, 2013 ; DeBoer v. Snyder, 2014 ; Hollingsworth v. Perry, 2013 ). This use of social science research highlights the importance of adhering to best practices for research on same-sex relationships (which several U.S.-based surveys are implementing), including directly asking respondents if they have a same-sex partner and allowing for multiple response options for union status (e.g., legal marriage, registered domestic partnership, civil union, cohabitation, and living-apart-together relationships; Bates & DeMaio, 2013 ; Festy, 2008 ).
Sample Size
An additional challenge is the small number of people in same-sex relationships, making it difficult to recruit substantial numbers of respondents and to achieve racial, ethnic, and socioeconomic diversity in samples of persons in same-sex relationships ( Black et al., 2000 ; Carpenter & Gates, 2008 ; for additional strategies, see Cheng & Powell, 2005 ). One strategy to deal with small samples of individuals in same-sex relationships has been to pool data across years or data sets to obtain a sufficient number of cases for analysis (e.g., Denney et al., 2013 ; Liu et al., 2013 ; Wienke & Hill, 2009 ). For example, using pooled data from the National Health Interview Survey, Liu and colleagues (2013) found that socioeconomic status suppressed the health disadvantage of same-sex cohabitors compared with different-sex married adults. Other studies have pooled data across different states to achieve larger and more representative samples, focusing especially on states with higher concentrations of same-sex couples. For example, Blosnich and Bossarte (2009) aggregated 3 years of state-level data from 24 states to compare rates and consequences of intimate partner violence) in same- and different-sex relationships and found that victims of intimate partner violence report poorer health outcomes regardless of sex of perpetrator.
Gender and Sexual Identity
Since the publication of Jessie Bernard’s (1982) classic work on “his” and “her” marriage, social scientists have identified gender as a driving predictor of relationship experiences ( Umberson, Chen, House, Hopkins, & Slaten, 1996 ). Studies of same- and different-sex relationships usually rely on self-reports of sex/gender that allow for one of two choices: male or female. But current scholarship highlights the need to go beyond the male–female binary to take into account transgender and transsexual identities by measuring sex assigned at birth and current sex or gender ( Center of Excellence for Transgender Health, 2014 ; Pfeffer, 2010 ) and to measure both gender identity (i.e., psychological sense of self) and gender presentation (i.e., external expressions, e.g., physical appearance, clothing choices, and deepness of voice; Moore & Stambolis-Ruhstorfer, 2013 ). This approach pushes us to think about how gender identity and presentation might shape or modify relationship experiences of partners within same- and different-sex relationships. For example, gender identity may be more important than sex in driving housework (in)equality between partners in both same- and different-sex relationships. Scholars can further consider how these aspects of gender and sexuality may vary across diverse populations.
Similarly, studies need to include questions about multiple aspects of sexuality (e.g., desires, behavior, identity) in order to capture a fuller range of diversity. For example, this would allow for the examination of differences between people in same-sex relationships who identify as bisexual and those who identify as gay or lesbian; individuals in mixed-orientation marriages (e.g., bisexual men married to heterosexual women) may experience unique difficulties and relationship strategies ( Wolkomir, 2009 ). Failing to consider gender identity and presentation as well as sexual identity and orientation may also cause researchers to misidentify some same-sex relationships and overlook important sources of diversity among same- and different-sex relationships ( Moore & Stambolis-Ruhstorfer, 2013 ). Attention to gender identity and presentation in future research will lead to a more nuanced understanding of gendered dynamics within different- as well as same-sex relationships.
Recruitment Challenges
Recruiting people for studies of same-sex relationships poses several unique challenges beyond typical recruitment concerns. In particular, because of past discrimination, people in same-sex relationships may not trust researchers to present research findings in fair and accurate ways, keep findings confidential and anonymous, or present findings in ways that will not stigmatize same-sex couples and bolster legislation that limits the rights of same-sex partners ( McCormack, 2014 ; Meyer & Wilson, 2009 ). Recruiting both partners in same-sex couples is even more challenging; even if one partner agrees to participate in a study, past experiences of discrimination or not being “out” may lead the other partner to avoid taking part in the study.
Past strategies have included working with community partners (e.g., local lesbian, gay, bisexual, and transgender advocacy groups) to help researchers establish trust and opportunities for recruitment, in particular when recruiting more targeted samples based on race/ethnicity or socioeconomic status (e.g., Meyer & Wilson, 2009 ; Moore, 2008 ). Researchers also can take advantage of information regarding the geographic distribution of same-sex couples in the United States to collect data in areas with higher concentrations of same-sex couples and racial/ethnic and socioeconomic diversity ( Black et al., 2000 ; Gates, 2010 ). Online recruitment may also facilitate study participation; greater anonymity and ease of participation with online surveys compared to face-to-face data collection may increase the probability that individuals in same-sex unions and same-sex couples will participate in studies ( Meyer & Wilson, 2009 ; Riggle, Rostosky, & Reedy, 2005 ).
Comparison Group Challenges
Decisions about the definition and composition of comparison groups in studies that compare same-sex relationships to different-sex relationships are critical because same-sex couples are demographically distinct from different-sex couples; individuals in same-sex couples are younger, more educated, more likely to be employed, less likely to have children, and slightly more likely to be female than individuals in different-sex couples ( Gates, 2013b ). For example, researchers may erroneously conclude that relationship dynamics differ for same- and different-sex couples when it is in fact parental status differences between same- and different-sex couples that shape relationship dynamics. Three specific comparison group considerations that create unique challenges—and opportunities—for research on same-sex relationships include (a) a shifting legal landscape, (b) parental status, and (c) unpartnered individuals.
Shifting legal landscape
As legal options have expanded for same-sex couples, more studies have compared people in same-sex marriages and civil unions (or registered domestic partnerships) with people in different-sex married partnerships (e.g., Solomon et al., 2004 ). Yet because legal options vary across states and over time, the same statuses are not available to all same-sex couples. This shifting legal landscape introduces significant challenges, in particular for scholars who attempt to compare same-sex couples with different-sex couples, because most same-sex couples have not married (or even had the option of marrying), whereas most different-sex couples have had ample opportunity to marry.
One strategy for addressing this complexity is to collect data in states that legally acknowledge same-sex partnerships. For example, Rothblum and colleagues ( Rothblum et al., 2011a ; Solomon et al., 2004 ) contacted all couples who entered civil unions in Vermont in 2000–2001, and same-sex couples who agreed to participate then nominated their siblings in either different-sex marriages or noncivil union same-sex relationships for participation in the study. This design, which could be adapted for qualitative or quantitative studies, allowed the researchers to compare three types of couples and address potentially confounding variables (e.g., cohort, socioeconomic status, social networks) by matching same-sex couples in civil unions with network members who were similar on these background variables. Gates and Badgett (2006) argued that future research comparing different legal statuses and legal contexts across states will help us better understand what is potentially unique about marriage (e.g., whether there are health benefits associated with same-sex marriage compared to same-sex cohabitation).
A related challenge is that same-sex couples in legal unions may have cohabited for many years but been in a legal union for a short time because legal union status became available only recently. This limits investigation into the implications of same-sex marriage given that marriage is conflated with relationship duration. One strategy for dealing with this is to match same- and different-sex couples in the same legal status (e.g., marriage) on total relationship duration rather than the amount of time in their current status (e.g., cohabiting, married, or other legal status; Umberson et al., in press ). An additional complication is that historical changes in legal options for persons in same-sex relationships contribute to different relationship histories across successive birth cohorts, an issue we address later, in our discussion of relationship biography and directions for future research. Future studies might also consider whether access to legal marriage influences the stability and duration of same-sex relationships, perhaps using quasi-experimental methods (also discussed below).
Parental status and kinship systems
Individuals in same-sex relationships are nested within larger kinship systems, in particular those that include children and parents, and family dynamics may diverge from patterns found for individuals in different-sex relationships ( Ocobock, 2013 ; Patterson, 2000 ; Reczek, 2014 ). For example, some studies suggest that, compared with individuals in different-sex relationships, those in same-sex relationships experience more strain and less contact with their families of origin ( Rothblum, 2009 ). Marriage holds great symbolic significance that may alter how others, including family members, view and interact with individuals in same-sex unions ( Badgett, 2009 ). Past research shows that individuals in different-sex marriages are more involved with their family of origin than are those in different-sex cohabiting unions. Future research should further explore how the transition from cohabitation to marriage alters relationships with other family members (including relationships with families of origin) for those in same-sex unions ( Ocobock, 2013 ).
Although a full discussion of data and methodological issues concerning larger kinship systems is beyond the scope of this article (see Ocobock, 2013 ; Patterson, 2000 ), we focus on one aspect of kinship—parental status—to demonstrate some important comparison group considerations. Parental status varies for same- and different-sex couples and can confound differences between these two groups as well as within groups of same-sex couples (e.g., comparing men with men to women with women). Moreover, because having children contributes to relationship stability for different-sex couples, parental status differences between same- and different-sex couples could contribute to differences in relationship stability ( Joyner et al., 2013 ). Same-sex couples are less likely than different-sex couples to be raising children, although this distinction is diminishing, albeit modestly ( Gates, 2013b ). In 2010, about 19% of same-sex couples had children under age 18 in the home, compared with about 43% of different-sex couples ( Gates, 2013b ). Same-sex partners living with children are also more likely to be female than male and tend to be more economically disadvantaged and to be from racial minority groups than same-sex couples without children ( Gates, 2013a ). Pathways to parenthood are diverse among same-sex couples (e.g., surrogacy, adoption, biological child of one partner from previous relationship), and these pathways differ by age and cohort, gender, race, and socioeconomic status, all factors that may influence parenting experiences ( Brewster, Tillman, & Jokinen-Gordon, 2014 ; Gates & Badgett, 2006 ; Patterson & Tornello, 2010 ). For example, most gay fathers over age 50 had their children within the context of heterosexual marriage, whereas most gay fathers under age 50 became fathers through foster care or adoption ( Patterson & Tornello, 2010 ). A history of different-sex marriage and divorce may influence current relationship dynamics for individuals in same-sex unions.
One strategy for addressing parental status is to match same- and different-sex comparison groups on parental status so that parents are compared with parents and nonparents are compared with nonparents (e.g., Kurdek, 2004 ). This strategy has the advantage of reducing uncontrolled-variable bias owing to parental status (for quantitative studies) and yields unique insights into the experiences of same- and different-sex parents and/or nonparents (for qualitative and quantitative studies). A second strategy for quantitative researchers is to consider parental status as potentially confounding or moderating the effects of union status on selected outcomes. For example, Denney and colleagues (2013) found that parental status is an important moderator in understanding health disparities between women in same-sex and different-sex relationships, in that having children was associated with poorer health for women in same-sex relationships than for women in different-sex relationships.
We further recommend that social scientists understand—and embrace—the diverse ways that parental status varies across union types. It is impossible to fully eliminate uncontrolled-variable bias, and we know that same-sex partners who are parents differ in other important ways from different-sex partners, in particular in terms of sociodemographic characteristics. Moreover, many same-sex partners did not have the option of becoming parents because of barriers to adoption as well as a lack of access to or the prohibitive cost of reproductive technologies, and this unique history shapes their relationship experiences ( Brewster et al., 2014 ). In fact, attempting to “control away” the experience of parental status may mask differences in the lived experiences of same- and different-sex partners. Future research should take into account cohort differences in pathways to (and probability of) parenthood for same-sex partners, in particular in connection with intimate relationship experiences (also see Biblarz & Savci, 2010 ; Brewster et al., 2014 ; Goldberg, Smith, & Kashy, 2010 ; Patterson & Riskind, 2010 ). Researchers could also compare parenthood and relationship experiences in geographic regions that differ on attitudes toward same-sex relationships and families.
Unpartnered individuals
Very few studies have compared individuals in same-sex relationships with their unpartnered counterparts, that is, single men and women with similar attractions, behaviors, and identities. Yet the comparison of partnered to unpartnered persons has led to some of the most fundamental findings about different-sex relationships, showing, for example, that married and cohabiting different-sex partners are wealthier, healthier, and live longer than the unmarried ( Waite, 1995 ). Recent quantitative studies that have considered the unpartnered as a comparison group have found that those in same-sex relationships report better health than those who are widowed, divorced, or never married ( Denney et al., 2013 ; Liu et al., 2013 ). Unfortunately, owing to a lack of information on sexual identity/orientation in most available probability data, individuals in same- and different-sex relationships have been compared with unpartnered persons regardless of the unpartnered person’s sexual orientation or relationship history. Furthermore, studies that focus on sexual orientation and health seldom consider whether such associations differ for the unpartnered versus partnered. Given the substantial evidence that close social ties are central to health and quality of life ( Umberson & Montez, 2010 ), and the relative absence of research comparing individuals in same-sex partnerships to their unpartnered counterparts, research designs that compare those in same-sex relationships to the unpartnered will provide many opportunities for future research. Data collections that focus on individuals who transition between an unpartnered status to a same-sex relationship may be particularly fruitful. For example, given different levels of social recognition and stress exposure, researchers may find that relationship formation (and dissolution) affects individuals from same- and different-sex relationships in different ways.
Future Directions for Research on Same-Sex Relationships
We now turn to three strategies that may help catalyze current theoretical and analytical energy and innovation in research on same-sex relationships: (a) gendered relational contexts and dyadic data analysis, (b) quasi-experimental designs, and (c) the relationship biography approach.
Gendered Relational Contexts and Dyadic Data Analysis
Gender almost certainly plays an important role in shaping relationship dynamics for same-sex couples, but gender is often conflated with gendered relational contexts in studies that compare same- and different-sex couples. For example, women with men may experience their relationships very differently from women with women, and these different experiences may reflect the respondent’s own gender (typically viewed in terms of a gender binary) and/or the gendered context of their relationship (i.e., being a woman in relation to a woman or a woman in relation to a man). A gender-as-relational perspective ( C. West & Zimmerman, 2009 ) suggests a shift from the focus on gender to a focus on gendered relational contexts that differentiates (at least) four groups for comparison in qualitative and quantitative research: (a) men in relationships with men, (b) men in relationships with women, (c) women in relationships with women, and (d) women in relationships with men (see also Goldberg, 2013 ; Umberson, Thomeer, & Lodge, in press ). Indeed, some scholars argue that unbiased gender effects in quantitative studies of relationships cannot be estimated unless researchers include men and women in different- and same-sex couples so that effects for the four aforementioned groups can be estimated ( T. V. West, Popp, & Kenny, 2008 ). Similarly, others emphasize same-sex couples as an important counterfactual to different-sex couples in broadening our understanding of gender and relationships ( Carpenter & Gates, 2008 ; Joyner et al., 2013 ; Moore, 2008 ). For example, recent qualitative research has shown that although gender drives differences in the way individuals view emotional intimacy (with women desiring more permeable boundaries between partners in both same- and different-sex contexts), gendered relational contexts drive the types of emotion work that individuals do to promote intimacy in their relationships (with women with men and men with men doing more emotion work to sustain boundaries between partners; Umberson et al., in press ). A gender-as-relational perspective also draws on intersectionality research ( Collins, 1999 ) to emphasize that gendered interactions reflect more than the gender of each partner; instead, gendered experiences vary depending on other aspects of social location (e.g., the experience of gender may depend on gender identity).
Dyadic data analysis
Although quite a few nonprobability samples (qualitative and quantitative) include data from both partners in relationships, many of these studies have analyzed individuals rather than adopting methods that are designed to analyze dyadic data (for quantitative exceptions, see Clausell & Roisman, 2009 ; Parsons, Starks, Gamarel, & Grov, 2012 ; Totenhagen et al., 2012 ; for qualitative exceptions, see Moore, 2008 ; Reczek & Umberson, 2012 ; Umberson et al, in press ). Yet leading family scholars call for more research that analyzes dyadic-/couple-level data ( Carr & Springer, 2010 ). Dyadic data and methods provide a promising strategy for studying same- and different-sex couples across gendered relational contexts and for further considering how gender identity and presentation matter across and within these contexts. We now touch on some unique elements of dyadic data analysis for quantitative studies of same-sex couples, but we refer readers elsewhere for comprehensive guides to analyzing quantitative dyadic data, both in general ( Kenny, Kashy, & Cook, 2006 ) and specifically for same-sex couples ( Smith, Sayer, & Goldberg, 2013 ), and for analyzing qualitative dyadic data ( Eisikovits & Koren, 2010 ).
Many approaches to analyzing dyadic data require that members of a dyad be distinguishable from each other ( Kenny et al., 2006 ). Studies that examine gender effects in different-sex couples can distinguish dyad members on the basis of sex of partner, but sex of partner cannot be used to distinguish between members of same-sex dyads. To estimate gender effects in multilevel models comparing same- and different-sex couples, researchers can use the factorial method developed by T. V. West and colleagues (2008) . This approach calls for the inclusion of three gender effects in a given model: (a) gender of respondent, (b) gender of partner, and (c) the interaction between gender of respondent and gender of partner. Goldberg and colleagues (2010) used this method to illustrate gendered dynamics of perceived parenting skills and relationship quality across same- and different-sex couples before and after adoption and found that both same- and different-sex parents experience a decline in relationship quality during the first years of parenting but that women experience steeper declines in love across relationship types.
Dyadic diary data
Dyadic diary methods may provide particular utility in advancing our understanding of gendered relational contexts. These methods involve the collection of data from both partners in a dyad, typically via short daily questionnaires, over a period of days or weeks ( Bolger & Laurenceau, 2013 ). This approach is ideal for examining relationship dynamics that unfold over short periods of time (e.g., the effect of daily stress levels on relationship conflict) and has been used extensively in the study of different-sex couples, in particular to examine gender differences in relationship experiences and consequences. Totenhagen et al. (2012) also used diary data to study men and women in same-sex couples and found that daily stress was significantly and negatively correlated with relationship closeness, relationship satisfaction, and sexual satisfaction in similar ways for men and women. Diary data collected from both partners in same- and different-sex contexts would make it possible for future studies to conduct longitudinal analyses of daily fluctuations in reciprocal relationship dynamics and outcomes as well as to consider whether and how these processes vary by gendered relationship context and are potentially moderated by gender identity and gender presentation.
Quasi-Experimental Designs
Quasi-experimental designs that test the effects of social policies on individuals and couples in same-sex relationships provide another promising research strategy. These designs provide a way to address questions of causal inference by looking at data across place (i.e., across state and national contexts) and over time—in particular, before and after the implementation of exclusionary (e.g., same-sex marriage bans) or inclusionary (e.g., legalization of same-sex marriage) policies ( Hatzenbuehler et al., 2012 ; Hatzenbuehler, Keyes, & Hasin, 2009 ; Hatzenbuehler, McLaughlin, Keyes, & Hasin, 2010 ; see Shadish, Cook, & Campbell, 2002 , regarding quasi-experimental methods). This approach turns the methodological challenge of a constantly changing legal landscape into an exciting opportunity to consider how social policies influence relationships and how this influence may vary across age cohorts. For example, researchers might test the effects of policy implementation on relationship quality or marriage formation across age cohorts.
Quasi-experimental designs have not yet been applied to the study of same-sex relationship outcomes, but a number of recent studies point to the potential for innovation. Hatzenbuehler has been at the forefront of research using quasi-experimental designs to consider how same-sex marriage laws influence health care expenditures for sexual minority men ( Hatzenbuehler et al., 2012 ) and psychopathology in sexual minority populations ( Hatzenbuehler et al., 2010 ). For example, he found that the effect of marriage policy change on health care use and costs was similar for gay and bisexual men who were unpartnered and those who were in same-sex relationships ( Hatzenbuehler et al., 2012 ). He and his colleagues have noted that the challenges of a quasi-experimental approach include dealing with the constraints of measures available in existing data sets before and after policy implementation and the difficulty (or impossibility) of knowing when particular policies will be implemented, as well as limitations associated with lack of random assignment and changes other than policy shifts that occur during the same time period and may influence results ( Hatzenbuehler et al., 2009 , 2010 , 2012 ). One strategy for addressing the latter challenge is to test the plausibility of alternative explanations; for example, Hatzenbuehler et al. (2012) examined whether other co-occurring changes could explain their findings (e.g., changes in health care use among all Massachusetts residents). Future studies could also follow up on prior qualitative and quantitative data collections to compare individual and relationship experiences of interest (e.g., relationship satisfaction) before and after policy changes (e.g., repeal of the Defense of Marriage Act).
Quasi-experimental designs are also useful for identifying mechanisms (e.g., stress) that explain different outcomes across and within couples. Sexual minority populations face higher rates of stress, stigma, and discrimination both at the individual and institutional level, as described by Meyer’s (2003) minority stress model. Measures that tap into minority stress and discrimination could be incorporated in future studies as a way to better understand same-sex relationship dynamics and outcomes for individuals and dyads (see LeBlanc, Frost, & White, 2015 ). For example, Frost and Meyer (2009) found that higher levels of internalized homophobia were associated with worse relationship quality for lesbian, gay, and bisexual men and women. These associations could be evaluated before and after key policy changes. Moreover, this approach could use dyadic data to assess the effects of policy change on couples and individuals in same- and different-sex relationships ( LeBlanc et al., 2015 ).
Relationship Biography Approach
In closing, we suggest that a relationship biography approach —that is, focusing on temporal changes in relationship statuses and other components of relationship histories, such as relationship durations—be used as an organizing framework to drive future qualitative and quantitative research and studies of individuals as well as partner dyads. The life course perspective ( Elder, Johnson, & Crosnoe, 2003 ) has been used to guide a relationship biography approach in studies of different-sex couples (e.g., Hughes & Waite, 2009 ) and could offer great utility in addressing key challenges of research on same-sex couples ( Institute of Medicine, 2011 ). In particular, a relationship biography approach could take into account the constantly changing legal landscape and relationship status options for same-sex couples, the varying amounts of time it would be possible to spend in those statuses (both over time and across geographic areas/states/nations), and cohort differences. A biographical approach would address these challenges by considering three things: (a) multiple relationship statuses over the life course; (b) duration of time in each relationship status; and (c) history of transitions into and out of relationships, as well as timing of those transitions in the life course. We further suggest that change in relationship quality over time be considered as a component of relationship biography. The biographical frame can be used with different theoretical approaches, is multidisciplinary in scope, urges multiple and intersecting research methods, and emphasizes diversity in life course experiences.
In considering an individual’s relationship biography over the life course, information on the legal status (e.g., civil union, registered domestic partnership) of each of his or her unions could be collected. Although the available evidence is mixed, some studies suggest that same-sex unions dissolve more quickly than do different-sex unions ( Lau, 2012 ). However, we do not yet have extensive biographical evidence about the duration of same-sex unions in the United States, or how access to marriage might influence relationship duration. By taking into account relationship duration and transitions out of significant relationships, future research could also address the predictors, experiences, and consequences of relationship dissolution through death or breakup, experiences that have not been adequately explored in past research on same-sex couples ( Gates & Badgett, 2006 ; Rothblum, 2009 ). A relationship biography approach could also take into account gender identity and sexual identity transitions. Prior qualitative research suggests that one partner’s gender transition has important implications for relationship dynamics (e.g., the division of labor) as well as relationship formation and dissolution ( Moore & Stambolis-Ruhstorfer, 2013 ; Pfeffer, 2010 ).
Relationship biography is fundamentally shaped by birth cohort, race/ethnicity, gender and transgender identity, social class, and former as well as current sexual orientation. Older cohorts of people in same-sex relationships, who formed their relationships in an era of significantly greater discrimination and no legal recognition for same-sex couples, may differ dramatically from younger cohorts ( LeBlanc et al., 2015 ; Patterson & Tornello, 2010 ). Unique historical backdrops result in different relationship histories (e.g., number of years cohabiting prior to marriage, shifts in sexual orientation, risk for HIV, and effects on relationship dynamics), parenting experiences, and, potentially, relationship quality for younger and older cohorts. Thus, age, period, and cohort variation are important to consider in future studies of same-sex relationships ( Gotta et al., 2011 ).
A biographical approach should incorporate information on relationship quality. Studies of different-sex couples show that relationship quality is linked to relationship duration and transitions, as well as mental and physical health ( Choi & Marks, 2013 ; Umberson, Williams, Powers, Liu, & Needham, 2006 ). Currently, most national data sets that include information on relationship dynamics (e.g., the National Survey of Families and Households, the Health and Retirement Survey) do not include sufficient numbers of same-sex couples to allow valid statistical analysis. Incorporating relationship quality measures into representative data sets will contribute to a better understanding of the predictors and consequences of relationship quality for same-sex partnerships, the links between relationship quality and relationship duration and transitions, and relationship effects on psychological and physical well-being. A relationship biography can be obtained retrospectively in cross-sectional data collections or assessed longitudinally as relationships evolve over time. A relationship biography approach would benefit from including an unpartnered comparison group, taking into account previous relationship statuses. A biographical approach might also be used in future research to consider the impact of structural changes (in addition to personal or relationship changes), such as change in public policies or moving to/from a geographic area with laws/policies that support same-sex relationships.
The National Longitudinal Study of Adolescent Health (Add Health, see www.cpc.unc.edu/projects/addhealth ) provides a promising opportunity for studying same-sex relationship biographies in the future. This nationally representative study of adolescents (beginning in 1994) has followed respondents into young adulthood; respondents were, on average, age 28 in the most recent survey. Add Health includes measures of same-sex attraction, sexual identity, and histories of same- and different-sex relationships, allowing for detailed analysis of the lives of young adults. A biographical approach directs attention to relationship formation throughout the life course, and Add Health data may be useful for studies of relationship formation. For example, Ueno (2010) used Add Health data to incorporate the idea of life course transitions into a study of shifts in sexual orientation among adolescents over time and found that moving from different-sex relationships to same-sex relationships was correlated with worse mental health than continually dating same-sex partners. A focus on relationship transitions between same- and different-sex relationships over the life course builds on theoretical and empirical work on the fluidity of sexual attraction ( Diamond, 2008 ; Savin-Williams, Joyner, & Rieger, 2012 ). Bisexual patterns of sexual attraction and behavior (which are more common than exclusive same-sex sexuality) and transitions between same- and different-sex unions and the timing of those transitions are important, but understudied, research topics ( Biblarz & Savci, 2010 ) that could be addressed through a relationship biography lens. For example, future studies could consider the ages at which these transitions are most likely to occur, duration of same- and different-sex unions, relationship quality experiences, and effects on individual well-being. Men and women may differ in these relationship experiences; women seem to be more situationally dependent and fluid in their sexuality than are men ( Diamond, 2008 ; Savin-Williams et al., 2012 ).
Researchers have also used Add Health data to study same-sex romantic attraction and substance use ( Russell, Driscoll, & Truong, 2002 ), same-sex dating and mental health ( Ueno, 2010 ), and same-sex intimate partner violence ( Russell, Franz, & Driscoll, 2001 ). As respondents age, the Add Health project will become even more valuable to a relationship biography approach. For example, Meier and colleagues ( Meier, Hull, & Ortyl, 2009 ) compared relationship values of heterosexual youth with those of sexual minority youth; follow-up studies could assess whether these differences in values influence relationships throughout adulthood. Data for studying relationship biographies of older cohorts of same-sex couples are sorely lacking at the national level. Investigators certainly must continue to push for funding to include same-sex relationships in new and ongoing data collections. Scholars who have collected data from individuals in same-sex relationships in the past should also consider returning to their original respondents for longitudinal follow-up, as well as follow-up with respondents’ partners (e.g., Rothblum et al., 2011a ).
Research on same-sex relationships is in a period of intense discovery and enlightenment, and advances in the study of these relationships are sure to further our theoretical and empirical knowledge in family studies more broadly. Because of the diversity of same-sex couples and the increasing political and legal significance of who is in a same-sex relationship or family, it is essential to advance research that reflects professional and ethical standards as well as the diversity of same-sex couples ( Perrin, Cohen, & Caren, 2013 ). Decades of federally funded research have enriched the available data on different-sex couples, yet current longitudinal data on same-sex couples are comparable to those gained through research on different-sex couples 30 or more years ago. Investment in future data collections will be essential to advancing knowledge on same-sex couples. Although there is much that we can learn from data collections and methods used to study different-sex couples, we should not simply superimpose those procedures onto the study of same-sex couples. Indeed, as we have discussed, some research questions, measures, and sample composition issues are unique to the study of same-sex relationships and require novel approaches.
Most people yearn for and value an intimate relationship and, once established, a cohabiting, marital, or romantic union becomes a defining feature of their lives. Relationships inevitably go through ups and downs. At some points, partners impose stress on each other, and at other times they provide invaluable emotional support. Over the life course, relationships are formed, sustained, and inevitably ended through breakup or death, with profound effects on individuals and families. Family scholars must design studies that address same-sex partner dating and relationship formation as well as relationship losses and transitions throughout life, with all the vicissitudes therein. In this article we have identified contemporary challenges to research on same-sex relationships and suggested strategies for beginning to address those challenges in order to capture the fullness of lives as they are lived across diverse communities. We hope these strategies will inspire scholars to move the field forward in new and innovative ways.
Acknowledgments
We thank Justin Denney, Jennifer Glass, Mark Hatzenbuehler, Kara Joyner, Wendy Manning, Corinne Reczek, and Esther Rothblum for their helpful comments on this article. This research was supported, in part, by an Investigator in Health Policy Research Award to Debra Umberson from the Robert Wood Johnson Foundation; Grant R21 AG044585, awarded to Debra Umberson in the Population Research Center at the University of Texas at Austin by the National Institute on Aging; Grant 5 R24 HD042849, awarded to the Population Research Center at the University of Texas at Austin by the Eunice Kennedy Shriver National Institute of Child Health and Human Development; and Grant F32 HD072616, awarded to Rhiannon A. Kroeger in the Population Research Center at the University of Texas at Austin by the Eunice Kennedy Shriver National Institute of Child Health and Human Development.
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IMAGES
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Legalization of same-sex marriage represents one important step toward advancing equal rights for sexual and gender minorities. ... policy literature, working papers) or books and, consequently, likely excluded some scholarly work aligned with our focus. ... Third, although there is a growing body of global research on the impact of same-sex ...
Research to date has clearly documented ways that legalization of same-sex marriage is viewed as providing both tangible benefits and social inclusion for same-sex married couples (Badgett, 2011; Haas & Whitton, 2015; Lannutti, 2011; Ramos et al., 2009; Rostosky et al., 2016; Shulman et al., 2012). In the current study, perception of marriage ...
Same-sex marriage is the most discussed, debated, and fought over the topic in all of American Law right now. There are many consequences to legalizing same-sex marriage, and if it happens, it can ...
Hodges, which legalized same-sex marriage (SSM) throughout the U.S.1 Prior to Obergefell, however, a series of state-level court rulings and legislative actions dating back to a 2004 court case in Massachusetts created a complex legal patchwork of access to legal SSM across space and time, such that nine states adopted same-sex marriage without ...
Mental health benefits of same-sex marriage might in part be derived from a heightened sense of social inclusion concomitant with the social institution of marriage. 30 Given these results, researchers should continue to examine the potential health benefits of legalizing same-sex marriage nationwide and re-legalizing same-sex marriage in ...
Two decades ago, the United States was divided by heated debates over the merits of legalizing marriage for same-sex couples. Those who were in favor argued that granting same-sex couples access to marriage would strengthen commitment for same-sex couples, extend the financial benefits of marriage to same-sex households, and improve outcomes for children being raised by same-sex parents.
granting or withholding legal marriage for same-sex couples. Accordingly, the greatest impacts of policy changes affecting the legal status of same-sex cou-ples have been observed in these populations. These impacts include benefits to psychological and emo-tional well-being, physical health, insurance coverage, and financial security and ...
where y ist is the relevant outcome for individual i living in state s at time t.The coefficient of interest is β.SameSexMarriage st is an indicator equal to one if individual i lived in state s during or after the year t in which same-sex marriage had been legalized in that state, and zero otherwise. This approach attempts to measure whether the adoption of same-sex marriage reforms causes ...
Impacts of Public Debates on Legalizing the Same-Sex Relationships on People's Daily Lives and Their Related Factors in Taiwan, International Journal of Environmental Research and Public Health ...
In June 2015, the U.S. Supreme Court made a landmark decision to legalize marriage for same-sex couples amid nationwide debate and media coverage of this controversial issue. Using a content analysis of newspaper articles and television transcripts (N = 286) from top news outlets, this study examine …
Working Paper 24651. DOI 10.3386/w24651. Issue Date June 2018. We exploit variation in access to legal same-sex marriage (SSM) across states and time to provide novel evidence of its effects on marriage and health using data from the CDC BRFSS from 2000-2016, a period spanning the entire rollout of legal SSM across the United States.
A growing body of literature provides important insights into the meaning and impact of the right to marry a same-sex partner among sexual minority people. We conducted a scoping review to 1) identify and describe the psychosocial impacts of equal marriage rights among sexual minority adults, and 2) explore sexual minority women (SMW) perceptions of equal marriage rights and whether ...
The Research Question. Prior to the Supreme Court's Obergefell v.Hodges decision in 2015, the United States had been divided by heated debates over the merits of legalizing marriage for same-sex couples. Those who were in favor argued that granting same-sex couples access to marriage would strengthen commitment for same-sex couples, extend the financial benefits of marriage to same-sex ...
Abstract. Same‐sex marriage legalization (SSML) is a typical anti‐discrimination policy to remove institutional discrimination against sexual minorities by providing them with marriage equality. We examine how this legalization in the Netherlands affected mental health. Conducting a difference‐in‐differences analysis with heterosexual ...
bill to legalize same-sex marriage under the special marriage act was brought to the Lok Sabha on April 20, 2022, by member of parliament supriya sule of the nationalist Congress party. In order to give same-sex couples the same legal protections as opposite-sex couples, the proposal would change many provisions of the statute.
The discourse surrounding same-sex marriage has emerged as a global conversation, reverberating across diverse societies, and India's landscape is no exception. While many nations have ventured into legalizing same-sex marriage, India's socio-legal milieu presents a nuanced narrative. This research embarks on an intricate journey, aiming to comprehensively analyze the socio-legal dynamics ...
Abstract Same-sex marriage legalization (SSML) is a typical anti-discrimination policy to remove institutional discrimination against sexual minorities by providing them with marriage equality. ... Luxembourg Institute of Socio-Economic Research (LISER), Esch-sur-Alzette, Luxembourg. Search for more papers by this author. Jan C. van Ours ...
In most developed nations, marriage as a union between a man and a woman is gradually being replaced by, the union between two persons or individuals irrespective of gender. However, the Indian Law is ambiguous whether same-sex marriage is legal, and if made legal then what would be the marital rights and consequences.
Finally, at the end of this paper, we will consider the prospects of legalizing same-sex marriage. Favorable action on same-sex marriage at the federal level seems unlikely. Even action against same-sex marriage seems forestalled on the federal level by the failure in Congress of the Federal Marriage Amendment (FMA) in 2006 and the Supreme
courts were litigating the legality of same-sex marriage. Scholarly sources claim that the litigation in Hawaii was the catalyst that prompted the subsequent political debate and activity over same-sex marriage including the first major piece of federal legislation on same-sex marriage, the Defense of Marriage Act (DOMA), Pub. L. No. 104-199, 110
Impact of Legal Recognition of Same-Sex Marriage on Sexual Minority Health. Herdt and Kertzner (2006) note that marriage is a fundamental part of citizenship and social participation in society. As such, equal access to the sociocultural, psychological, and tangible benefits of marriage is important to sexual minority people's health and well-being, regardless of whether they access this ...
About six-in-ten Americans say legalization of same-sex marriage is good for society. 37% of Americans have a negative view of the impact of same-sex marriage being legal, with 19% saying it is very bad for society. short readsJul 7, 2021.
Hodges that "[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises." My aim in this paper is to show why the arguments based on such appeals fail. ... Wayne State University Law School Legal Studies Research Paper Series. Subscribe to this free journal for more ...
Same-sex marriage legalization is a unique phenomenon providing an opportunity to study the relationship between local legislation and citizens' attitudes. ... but these data were collected before state-level legalization for a majority of legalizing states and before national legalization . Recent research focusing on the 1-y time period ...
The Thai Royal Gazette announced on Tuesday that Thai King Maha Vajiralongkorn has endorsed the Marriage Equality Bill, recognizing same-sex marriage.. The bill revises several sections of the Civil and Commercial Code.Amendments to the law employ gender-neutral language and grant LGBTQ+ couples marriage, child adoption, inheritance and healthcare consent rights.
Abstract. Research on same-sex relationships has informed policy debates and legal decisions that greatly affect American families, yet the data and methods available to scholars studying same-sex relationships have been limited. In this article the authors review current approaches to studying same-sex relationships and significant challenges ...